India follows the principle of single citizenship, ensuring uniform rights and responsibilities for all citizens across the nation. This policy, along with provisions for Non-Resident Indians (NRIs) and Persons of Indian Origin (PIOs), fosters national unity and simplifies governance. Additionally, specific laws regulate the status and activities of foreigners in India to maintain order and security.

Single Citizenship

The Indian Constitution is federal and envisages a dual polity (Centre and states), however it provides only for a single citizenship i.e. the Indian citizenship. 

• No separate state citizenship: Unlike federal countries like the USA and Switzerland there is no separate state citizenship in India. The citizens in India owe commitment only to the Indian union. 
• Similar to Canada: The constitution of India, as in Canada, has adopted the system of single citizenship and grants uniform rights to the people of India. Single citizenship holds great significance as it helps in promoting the feeling of unity and integrity and in constituting an integrated Indian nation. 
• Benefits of Single citizenship:   Single citizenship provides numerous advantages including:  
  • Uniformity across India: Uniformity of rights and duties for all citizens living in any part of the country, 
  • Allegiance to the nation: It encourages allegiance towards the nation, 
  • Protects citizen rights: Provides greater protection to citizens’ rights as they are guaranteed by the Constitution of India and no state or central government has the power to violate them, 
  • Simplified Governance: Offers simplified governance, meaning that having a single citizenship makes it easier to enforce laws since citizens’ rights are uniform throughout the nation. For instance, any individual who is 18 years old or older is qualified to vote in both Lok Sabha and Vidhan Sabha elections. The situation is identical for every individual living in any of the states.
  • Unity in diversity: The  makers of our constitution were of the opinion that single citizenship will encourage unity in diversity despite extremely diverse cultural and ethnic identities.

Non-Resident Indian (NRI)

Non-resident Indians are citizens of India who do not live in the country. The Income Tax Act of 1961 includes the definition of a Non-Resident Indian. As per section 6 of The Income-tax Act, 1961, NRI (Non-Resident Indian) a citizen who has not resided in India for a specified period for the purposes of the Income Tax Act. The Income Tax Act, 1961 and the Foreign Exchange and Management Act, 1999, are used for regulating different financial activities of an NRI.

NRIs ordinarily reside outside India and hold Indian passports.

Person of Indian Origin (PIO)

A person who or whose ancestors was an Indian national and who is presently holding another country’s citizenship/nationality i.e. he/she is holding foreign passport. 

Eligibility Criteria for PIO

• A person is considered eligible if they have ever possessed an Indian Passport; or
• The person whose any of their parents, grandparents, or great-grandparents were born and lived permanently in India. 
• The term “resident” is defined according to the Government of India Act of 1935. 
• The Ministry of External Affairs has prohibited residents from Pakistan, Bangladesh, Bhutan, Nepal, China, Iran, and Sri Lanka from receiving PIO cards.

The government introduced the PIO Card scheme to offer certain benefits to Persons of Indian origin. On January 9, 2015, the Indian Government discontinued the Person of Indian Origin Card scheme and integrated it with the Overseas Citizen of India card scheme. Holders of PIO cards are required to apply for conversion of their current cards into OCI cards. 

The PIO Card will remain a valid travel document in India until December 31, 2023.

Laws to Regulate Foreigners 

There are two laws that govern the rules regarding foreigners. 

• • The Foreigners Act 1946: It prescribes rules and powers to make rules to regulate activities of a foreign national India. As per this act, a “foreigner” is any person who is not a citizen of India. 
• The Passport Act 1967: This act prescribes rules and powers to make rules regarding issue of passports and travel documents and regulate departure from India of Indian citizens and foreigners. 

In 2015 and 2016, the government brought certain changes to these acts:

• Certain exemptions were granted to undocumented immigrants from specific sections of the Passport Act of 1920 and the Foreigners Act of 1946. The groups that were notified consisted of migrants from Afghanistan, Pakistan, and Bangladesh who belong to the religions of Hinduism, Jainism, Sikhism, Parsi, Buddhism, and Christianity. These religious communities are minorities in those nations and, as a result, face ongoing persecution from the majority. The government believed that these communities had entered India unlawfully to escape religious oppression in their home countries. Therefore, the Government adopted a compassionate stance, concluding that these persecuted minorities should not be deported.