Originally Posted by oliver2002
This dual citizenship thing is a big demand by the indians who have discarded their indian passports/citizenship in favor of an american/british passport. They primarily want to keep the benefits of holding property in india. None of the most vocal groups wants to live in India nor do they want to meddle in indian politics.
That is quite correct. What is amusing is that the demand for OCI status as relates to maintenance of property is one built upon a widely-held yet mistaken understanding -- at least as relates to no less than one state. (This becomes even more evident if a person holding PIO status applies for OCI status out of a desire to keep benefits of holding property in India.)
Property rights in India are not ordinarily surrendered or otherwise encumbered in the process of a person surrendering their Indian citizenship -- at least not universally within Indian territory. Yes, there are restrictions on acquisition of certain property by non-citizens, but that generally does not get in the way of inheritance/estate laws/practices -- specifically, not in regard to the retention of property within the family. Furthermore, OCI status will still not entitle one to acquire agricultural/plantation property; that is to say, OCI status is no different from PIO status in regards to property, agricultural/plantation property or other movable and immovable property.
Just out of curiosity, has Article 9 of the (often amended) Indian Constitution, noted hereafter
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.
been amended or otherwise affected upon by the Government of India (writ large)?
OCI, as currently construed, would not violate Article 9. And as OCI-issuance does not technically violate Article 9, I am curious whether Article 9 has been otherwise affected, in relation to OCI-issuance, when no change appears to be necessary, in relation to Article 9, for constitutional compliance. Anyone here know if that article or any other part of the Indian Constitution was amended/affected upon in preparation for, or to coincide with, passage of law as relates to OCI status? (Or were the changes to the 1955 Citizenship Act as noted in 7A, 7B, 7C, and 7D in said act sufficient in and of themselves???)
[I ask this question because, while some parts of the Indian Constitution cannot be amended by the Government of India alone, various parts of Dr. Ambedkar's work can be amended and his Constitutional project has often been amended by the Government of India.]