Article 9 of the Indian Constitution: No Dual Citizenship in India
Introduction
Article 9 of the Indian Constitution is a crucial provision that prohibits dual citizenship for Indian nationals. It states that if a person voluntarily acquires the citizenship of another country, they lose their Indian citizenship automatically. This article ensures that Indian nationality remains exclusive, meaning an individual cannot be a citizen of both India and another country simultaneously.
Text of Article 9
Persons voluntarily acquiring citizenship of a foreign State not to be citizens.
"No person shall be a citizen of India by virtue of Article 5, or be deemed to be a citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State."
Key Features of Article 9
1. No Dual Citizenship in India
- India does not allow its citizens to hold two nationalities at the same time.
- If an Indian citizen chooses to become a citizen of another country, they automatically lose their Indian citizenship.
2. Applies to Citizens Under Articles 5, 6, and 8
- Even if a person was granted Indian citizenship under Article 5 (domicile in India), Article 6 (migrants from Pakistan), or Article 8 (Indians living abroad), they will lose it upon acquiring foreign citizenship.
3. Citizenship Is Lost Only If Acquired Voluntarily
- If a person is forced to take foreign citizenship due to unavoidable circumstances (such as political asylum), it may not result in the automatic loss of Indian citizenship.
- However, if the foreign citizenship is acquired voluntarily, then Indian citizenship is revoked.
Why Was Article 9 Introduced?
1. To Maintain National Sovereignty and Unity
- India wanted to ensure that its citizens remained loyal to one nation only.
- Allowing dual citizenship could have led to divided loyalties and conflicts of interest.
2. To Distinguish Indian Citizenship from Colonial Ties
- After independence, many Indians had connections with British citizenship or other colonial powers.
- Article 9 ensured that Indian citizenship remained distinct and exclusive.
3. To Simplify Legal and Administrative Processes
- Managing citizenship laws, voting rights, and government services becomes complicated with dual citizenship.
- A clear rule preventing dual citizenship makes governance more straightforward.
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Comparison With Other Citizenship Articles
| Article | Provision |
|---|---|
| Article 5 | Citizenship for persons domiciled in India on January 26, 1950. |
| Article 6 | Citizenship for migrants who moved to India from Pakistan. |
| Article 7 | Denial of citizenship to those who migrated to Pakistan, unless they returned with a resettlement permit. |
| Article 8 | Citizenship for Persons of Indian Origin (PIOs) living abroad, if registered at an Indian embassy or consulate. |
| Article 9 | No dual citizenship—if an Indian acquires foreign citizenship, they lose Indian citizenship. |
Consequences of Acquiring Foreign Citizenship
If an Indian citizen acquires foreign citizenship, the following consequences apply:
- Loss of Indian Citizenship: They automatically lose their Indian citizenship and cannot hold an Indian passport.
- Surrender of Indian Passport:
- They must surrender their Indian passport to the nearest Indian embassy or consulate.
- Using an Indian passport after acquiring foreign citizenship is illegal and punishable under the Indian Passport Act, 1967.
- No Right to Vote: They lose the right to vote in Indian elections.
- No Government Jobs or Property Rights:
- They cannot hold government positions in India.
- Some restrictions apply to owning property in India.
Does India Offer Any Alternative to Dual Citizenship?
Since India does not allow dual citizenship, it introduced the Overseas Citizen of India (OCI) card as an alternative.
What Is OCI (Overseas Citizen of India)?
- The OCI card is given to foreign nationals of Indian origin.
- It allows them to live, work, and travel in India indefinitely without needing a visa.
- However, OCI is not full Indian citizenship, and cardholders cannot vote, hold government jobs, or own agricultural land in India.
Legal Framework and Citizenship Act, 1955
- The Citizenship Act, 1955, further reinforced Article 9 by specifying that:
- Any Indian citizen who voluntarily acquires foreign nationality ceases to be an Indian citizen.
- The government has the authority to cancel an individual’s Indian citizenship if they violate these rules.
Challenges and Issues Related to Article 9
1. Confusion Among Overseas Indians
- Many Non-Resident Indians (NRIs) assume that India allows dual citizenship, leading to confusion.
- Some people unknowingly continue to use their Indian passports after acquiring foreign citizenship, which is illegal.
2. Difficulty for Indians Settled Abroad
- Many Indians who settle in foreign countries want to retain their Indian citizenship but are forced to give it up.
- Some countries require Indian-origin people to renounce their previous nationality before granting them citizenship.
3. OCI Limitations
- The OCI card does not provide full citizenship rights, such as voting or government job eligibility.
- Many Indian-origin people living abroad want more rights without giving up their Indian identity.
Global Perspective: How Other Countries Handle Dual Citizenship
| Country | Dual Citizenship Policy |
|---|---|
| United States | Allowed |
| United Kingdom | Allowed |
| Canada | Allowed |
| Australia | Allowed |
| India | Not Allowed |
| China | Not Allowed |
| Japan | Not Allowed |
Most Western countries allow dual citizenship, but some Asian nations, including India, China, and Japan, do not.
Conclusion
Article 9 of the Indian Constitution ensures that Indian citizenship remains exclusive and prohibits dual citizenship. It was introduced to maintain national sovereignty, simplify governance, and prevent divided loyalties.
While this rule has helped India maintain a clear legal identity, it has also led to challenges for Indian-origin individuals living abroad. The introduction of the OCI scheme has provided some relief, but it does not grant full citizenship rights.
Many NRIs and PIOs (Persons of Indian Origin) have called for dual citizenship to be reconsidered, but as of now, India remains firm on its single-citizenship policy
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