From the High Commision in New Zealand.If it's possible This should be posted as a sticky so even new members can read it:
OCI IS NOT DUAL CITIZENSHIP
There is some confusion in the minds of Persons of Indian Origin (PIOs) and others that Overseas Citizenship of India (OCI) amounts to granting dual citizenship. Therefore, the following clarification is being issued.
The expression ‘
dual citizenship’ is a misnomer. The scheme, as has been of operationalised by Government of India is more commonly known as ‘dual citizenship’. However, the technical term used for the scheme in the Citizenship Act, 1955 (as amended vide Amendment Act, 2005) is ‘Overseas Citizenship of India (OCI)’.
Articles 5 to 9 of the Constitution of India provide for the grant of Indian citizenship (IC) at the commencement of Constitution i.e. 26.01.1950. Article 9 clearly states that a person shall cease to be a citizen of India, if he voluntary acquires the citizenship of India of any foreign State. Therefore, one can not have citizenship of any other country, if he is an Indian citizen.
The acquisition of IC after 26.01.1950 is governed by the provisions of Citizenship Act, 1955 and Citizenship Rules, 1956. Indian citizenship may be acquired in the following manners under the Citizenship Act, 1955.
(i) By Birth – Under Section 3
(ii) By Descent – Under Section 4
(iii) By Registration – Under Section 5 and
(iv) By Naturalization – Under Section 6.
Section 9 of the Citizenship Act, 1955 deals with termination of IC, which is reproduced as below.
“9.Termination of citizenship – Any citizen of India who by naturalization, registration otherwise voluntarily acquires, or has at anytime between the 26th January, 1950 and the commencement of this Act, voluntarily acquired the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of India.”
In order to fulfill aspirations of large Indian Diaspora of renewing ties with their motherland, as recommended by the High Level Committee on Indian Diaspora, Citizenship Act, 1955 was amended by the Citizenship (Amendment) Act, 2003, introducing a new category of citizenship known as Overseas Citizenship of India (OCI). Citizenship Act, 1955 was further amended by the Citizenship (Amendment) Act, 2005 to expand the scope of OCI from PIOs of 16 specified countries to citizens of all countries except Pakistan and Bangladesh as long as their home countries allow dual citizenship in some form or the other under their local laws.
2.Persons registered as OCI are not Indian citizens. This is a new category created under the statute with certain restricted rights as compared to Indian citizens.
3.It may be further clarified that the provision of eligibility to PIOs of only those countries that allow dual citizenship in some form or other under their local laws was kept primarily to ensure that they do not lose any of the rights conferred under the foreign citizenship on being registered as OCI.