In the wake of several Overseas Citizen of India (OCI) card holders complaining about being reclassified as “foreigners”, the Ministry of External Affairs clarified that there were no changes made to the OCI rules.
About Overseas Citizen of India (OCI)
Constitutional Provisions on Citizenship
- Articles: The Constitution addresses citizenship in Articles 5 to 11 under Part II.
- Lack of Permanent Provisions: It does not contain permanent or detailed provisions regarding citizenship.
- Citizenship Date: The Constitution identifies individuals who became citizens of India on January 26, 1950, when it came into effect.
- Parliamentary Authority: The Constitution empowers Parliament to legislate on matters related to citizenship.
- Legislation Enacted: Following this authority, Parliament enacted the Citizenship Act, 1955, which was amended in 2015.
- As per the the Foreigners Act, 1946, foreigner means a person who is not a citizen of India.
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- Definition: The Ministry of Home Affairs defines an OCI as a person who
- was a citizen of India on or after 26th January 1950; or
- Was eligible to become a citizen of India on 26th January 1950; or
- Is a child or grandchild of such a person, among other eligibility criteria.
- Introduced: The Overseas Citizen of India (OCI) scheme was introduced in August 2005.
- Purpose: While tabling the legislation, it was stated that the Bill aimed to offer dual citizenship to the Indian diaspora.
- Benefits of an OCI Card
- Visa and Stay: OCI cardholders receive a multiple-entry, multi-purpose life-long visa for visiting India.
- Exemption from Registration: They are exempt from registering with local police authorities, regardless of their length of stay in India.
- Global Statistics (2023)
- Total OCI Cardholders: Over 45 lakh registered OCI cardholders from 129 countries.
- Top Countries: US, UK, Australia and Canada.
- Parity with NRIs
- Initially: OCI card holders had general parity with Non-Resident Indians (NRIs) regarding economic, financial, and educational fields, except in acquiring agricultural or plantation properties.
- NRI’s: NRIs are Indian citizens who are permanent residents of foreign country.
- Restrictions on OCIs
- Voting Rights: OCIs are not entitled to vote in Indian elections.
- Political Office: They cannot become members of the Legislative Assembly, Legislative Council, or Parliament.
- Constitutional Posts: OCIs are not eligible to hold constitutional positions such as President, Vice President, or Judge of the Supreme Court or High Courts.
- Government Employment: They generally cannot hold employment in the Indian government.
- Ineligibility for OCI Card:
- Citizenship Restriction: Individuals are ineligible for OCI if their parents or grandparents have ever been citizens of Pakistan or Bangladesh.
- Foreign Spouse Eligibility: A foreign spouse of an Indian citizen or an OCI can apply, provided the marriage has been registered and subsisted for at least two years.
- Foreign Military Personnel: Both active and retired foreign military personnel are not eligible for an OCI card.
- Cancellation of OCI: The central government may cancel the registration of OCIs on certain grounds.
- If the OCI has registered through fraud, or
- If, within five years of registration, the OCI has been sentenced to imprisonment for two years or more, or
- If it becomes necessary in the interest of the sovereignty and security of India, or
- If the OCI has violated the provisions of the Citizenship Act, 1955 or of any other law as notified by the central government.
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October 3, 2024
