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INDIA
and PAKISTAN
"Dual
Nationality - not Dual Loyalty"
By
GlobalomNet Media Service
Prime
Minister Vajpayee
The
report of the high-level committee to grant dual nationality to
overseas Indians was accepted by the government but no date has been set
for that.
This
proposed facility is meant only to let them participate in the development
of the country—not to confer any political rights on them. Those who opt
to be citizens of the country of their domicile as well as India cannot
contest in elections here and neither can they vote in them.
Endorsing
the committee’s suggestion barring political participation of
non-residents, Vajpayee said: ‘‘We are in favour of dual citizenship
but not dual loyalty.’’
The
dual citizenship could be introduced merely by amending the Citizenship
Act 1955.
The
committee held that though Part II of the Constitution dealt exclusively
with citizenship, none of those provisions came in the way of dual
citizenship. Not even Article 9 which says that ‘‘no person shall be a
citizen of India ... if he has voluntarily acquired the citizenship of any
foreign state.’’
This
is because the last provision of Part II has been interpreted to override
the rest. Article 11 says: ‘‘Nothing in the foregoing provisions of
this Part shall derogate from the power to Parliament to make any
provision with respect to the acquisition and termination of citizenship
and all other matters relating to citizenship.’’ Since Article 11
confers ‘‘unfettered discretion’’ on Parliament, the committee
took the view that suitable amendments to the Citizenship Act would
provide the necessary legal framework for dual citizenship.
Vajpayee
also liked the committee’s proposal to commemorate January 9 as Pravasi
Bharatiya Divas. Reason: Mahatma Gandhi is said to have returned to India
on that date after spending 20 years in South Africa. Vajpayee indicated
that the celebration will begin from next year. The Government hopes to
introduce dual citizenship by then.
Dual
Nationality - A Three-tier Structure for Indians Abroad?
By
Subroto Mukherjee
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The
Indian government has set no time-table yet for introduction of
dual nationality. It will be implemented “in a timely manner,”
is all that Minister for External Affairs Jaswant Singh said.
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Jaswant Singh
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A
large number of NRIs fear that the new proposals for dual nationality will
create a three-tier structure of Indians living abroad.
The selection of countries whose residents can claim dual nationality is
not discriminatory in itself. In most cases it is the country of residence
that will not allow dual nationality even if the Indian government does.
Dr L.M. Singhvi, Chairman of the committee that made the recommendations
made it clear at the launch of the report that the “strongest demand
came only from those countries that have provided the framework for dual citizenship.”
Indians in other countries will be offered Persons of Indian Origin (PIO)
cards with 20 years validity.
The PIO card will mean they will not require visas for entry into India.
The PIO scheme was introduced several years ago. But priced at$1,000 a
card, it has found few takers.
Despite the compulsions of the countries of residence that do not allow
dual nationality, the scheme will in effect create three bands of Indian
citizens abroad, immigration lawyers here say. One, those for example living
in the US or Britain with American or British nationality who could also claim
Indian nationality, two, Indians living in the Gulf, for example, who have
only Indian nationality, and three, Indians with the nationality of countries
of residence that do not allow dual nationality.
The differences are causing some heartburn already. “Does the Indian
government mean to say that I am less an Indian just because I live-in
South Africa and not in Britain or the United States,” asks Hitesh
Parmar, motor mechanic in Durban. Parmar is currently visiting relatives in London.
“The Indian government is forgetting that many of us living in Africa
maintain Indian traditions and culture much more than many Indians living
in the West,” he said. “Suddenly now it has been decided that India
will own them but disown me.”
Shantoo Ruparell, a leading solicitor dealing with NRI issues and NRI
finance says the list of countries has been picked with an eye on
investment power. “But it is not people only in these countries who are contributing
money,” he said.
Hopes of massive inflow of investment following introduction of dual
nationality might be overblown, Ruparell said. “I don’t see any significant
increase in NRI money coming into India as a result of this,” he said.
The Indian government has set no time-table yet for introduction of dual
nationality. It will be implemented “in a timely manner," is all that
Minister for External Affairs Jaswant Singh said.
Ranjit Singh who heads an immigration company in London said, "this
should be offered by the Indian government to Indians everywhere.” If the countries
of residence do not allow it, “then that means it will not be available to
people in those countries.” But Indians everywhere need a message
that it isn't the Indian government barring them, he said.
“An Indian is an Indian wherever he or she is,” said Ruparell. “If
they satisfy the conditions set by India for people in other countries,
they should be offered it.”
The scheme will have to be introduced with some element of discretion in
it, Ruparell said. “If the credentials are good, then it should be
offered to Indians in any country,” he said. “If not, it should not be
offered to people in Britain, the US and Canada either.”
Dual nationality will not necessarily lead to more investment, a manager
with an international pension fund said. “An industrialist might just
find that he can get better facilities if he wants to go in with a British
passport,” he said.
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