Delhi High Court to Hear Plea for Dual Citizenship for Indian Diaspora
A Public Interest Litigation (PIL) has been filed in the Delhi High Court urging the Ministry of External Affairs (MEA) and the Ministry of Home Affairs (MHA) to consider allowing dual citizenship for the Indian diaspora currently holding foreign citizenship.
Key Details
The bench, led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, is scheduled to hear the matter on Wednesday. The plea was moved by Pravasi Legal Cell, an NGO working for the welfare of migrants, through Advocate Robin Raju.
Arguments for Dual Citizenship
The plea argues that many members of the Indian diaspora, who were born in India but moved abroad for employment or business, automatically forfeit their Indian citizenship upon acquiring foreign citizenship. This forfeiture is not due to a renunciation of loyalty but for practical reasons. The diaspora believes that allowing dual citizenship could significantly benefit India through increased investment, trade, tourism, philanthropy, education, and cultural contributions.
Historical Context
In 2002, a High-Level Committee chaired by LM Singhvi recommended the feasibility of dual citizenship. The Citizenship Amendment Acts of 2003 and 2005 allowed for the registration of Overseas Citizens of India (OCIs) and aimed to provide dual citizenship to persons of Indian origin abroad.
Current Debate
On July 19, 2022, data from the Ministry of Home Affairs revealed that over 9.24 lakh citizens renounced their citizenship between 2015 and 2021. The External Affairs Minister has stated that the debate on dual citizenship is ongoing. The Constitution of India does not bar dual citizenship, and Article 11 empowers Parliament to alter or terminate citizenship provisions.
Conclusion
The plea submitted that the petitioner had raised the issue on August 10, 2023, and it has since become a topic of media and political discourse. The External Affairs Minister acknowledged the challenges but emphasized that the debate is alive. The plea urges the court to direct the respondents to work out measures for implementing dual citizenship rights.
Doubts Revealed
Delhi High Court -: The Delhi High Court is a big court in Delhi, India, where important legal cases are decided.
Plea -: A plea is a request made to a court asking for a specific decision or action.
Dual Citizenship -: Dual citizenship means being a citizen of two countries at the same time.
Indian Diaspora -: The Indian diaspora refers to people of Indian origin who live outside India.
Public Interest Litigation (PIL) -: A PIL is a legal action taken to protect the public interest, often related to social issues.
Ministry of External Affairs -: This is a part of the Indian government that handles India’s relations with other countries.
Ministry of Home Affairs -: This is a part of the Indian government that deals with internal security and domestic policies.
Pravasi Legal Cell -: Pravasi Legal Cell is a group that helps Indians living abroad with legal issues.
Acting Chief Justice Manmohan -: He is a senior judge temporarily leading the Delhi High Court.
Justice Tushar Rao Gedela -: He is another judge in the Delhi High Court who will help decide the case.
