Government tightens rules governing Overseas Citizens of India

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The Ministry of Home Affairs (MHA) has tightened norms for Overseas Citizens of India (OCI), allowing cancellation of registration if an individual is:

• Sentenced to imprisonment for two years or more.
• Charge-sheeted for an offence punishable with imprisonment of seven years or more.

Key Points

• Applies to: Convictions in India or abroad, if the offence is recognised under Indian law.
• Legal Basis: Citizenship Act, 1955 & Citizenship Rules, 2009.
• OCI Card Benefits: Multiple-entry, multi-purpose lifelong visa to persons of Indian origin and their spouses; certain economic & educational rights.
• Rationale: Strengthen legal framework, prevent misuse, ensure national security.
• Government Stand: OCI status is a privilege, not an entitlement; can be withdrawn for violation of Indian laws.
• Background: Recent measures to regulate OCI after cases of criminal or anti-national activity by cardholders.
  
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  📌 Overseas Citizens of India (OCI)
  
  Definition (Static Fact for UPSC)
  
  Overseas Citizens of India (OCI) refers to all the Persons of Indian Origin (PIOs) who were citizens of India on 26 January 1950 or thereafter, or were eligible to become citizens of India on 26 January 1950, except those who are or had been citizens of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify.
  
  (Legal Source: Citizenship Act, 1955 — Section 7A)
  
  Overseas Citizenship of India (OCI) Scheme
  (Source: Ministry of Home Affairs — “Overseas Citizen of India” brochure & FAQs)Background & Rationale
  • Introduced in August 2005 via the Citizenship (Amendment) Act, 2003, in response to diaspora demands for dual citizenship. Launched during Pravasi Bharatiya Divas, Hyderabad, 2006 
  • OCI provides a lifelong, multiple-entry visa, but does not confer Indian citizenship or dual nationality 
    
    Eligibility Criteria An individual can register as an OCI if they:
  • Were citizens of India post–26 Jan 1950, or
  • Were eligible for Indian citizenship on that date, or
  • Belonged to Indian territory post–15 Aug 1947, or
  • Are child/grandchild/great-grandchild thereof, or
  • Spouse of an Indian citizen/OCI (after 2 years of marriage).
    Exclusion: Pakistani or Bangladeshi citizenship 
    
    Legal Basis
  • Section 7A–7D, Citizenship Act, 1955;
  • Citizenship Rules, 2009
    
    Benefits & Parity with NRIs
    OCI cardholders receive NRI-equivalent facilities except in select areas:
  • Visa & Stay
    • Lifelong, multi-purpose, multiple-entry visa.
    • No need for FRRO/FRO registration, regardless of stay duration
  • Economic & Educational Parity
    • Equal treatment in education, finance, and professional sectors (except agricultural land).
    • This includes sectors under FEMA, e.g., real estate investments (non-agricultural) 
  • Additional Privileges
    • Adoption rights, domestic airfare parity, reduced entry fees at national parks, monuments, museums
    • Eligibility to practice regulated professions: doctors, nurses, CA, architect, advocates 
    • Entry to All India Pre-Medical exams 
  • Other Rights
    • Can apply for Aadhaar, PAN, and open bank accounts.
    • Eligible for academic posts (IITs, IIMs, NITs, AIIMS, IISc) 
      
      
      

• Restrictions & Non-Entitlements

  • No political rights, including voting or contesting elections; cannot hold public offices (e.g., President, judges) 
  • Ineligible for government jobs, except under special orders 
  • Cannot purchase agricultural/farm/plantation land 
  • Must obtain special permission for restricted activities like research, journalism, mountaineering, missionary work 
    
    Cancellation & Renunciation of OCI
  • Voluntary renunciation: Declared under section 7C; affects minor dependents
  • Cancellation (Section 7D):
    • Obtained via fraud or misrepresentation;
    • Disaffection against the Constitution;
    • Convicted within 5 years of OCI registration for ≥ 2 years imprisonment;
    • Activities threatening sovereignty, security, or public order;
    • Marriage dissolution in spouse-OCI cases 
  • Recent tightening: OCI can now be revoked on conviction ≥2 years or chargesheet for offences ≥7 years imprisonment, in India or abroad 
    
    Statistics & Operational Updates
  • Over 4 million OCI cards issued (as of April 2022) 
  • As of January 2022, 4.068 million registered OCI cards 
  • Note: Mandatory re-issuance of OCI card on new passport now only once after 20 and 50 years; previously required at every passport change 
    
    Summary Table
    

    Aspect	OCI Details
    Nature	Lifelong visa; not citizenship
    Legal Basis	Citizenship Act 1955 & Rules 2009
    Eligibility	PIO lineage, spouse of OCI/Indian
    Benefits	NRI parity in economics, education, profession; FRRO exemption
    Restrictions	No political rights, govt jobs, agricultural land
    Cancellation Grounds	Fraud, criminal conviction, sovereignty/security threat
    Recent Updates	Cancellation on ≥2 yrs sentence or ≥7 yrs charge-sheet

• OCI and Fundamental Rights

  Rights Available to OCI Cardholders

  Even though OCI is not “dual citizenship”, they are foreign nationals granted certain rights in India.They are entitled to most Fundamental Rights available to all persons, not just citizens:
  • Article 14 – Equality before law
  • Article 20 – Protection in respect of conviction for offences
  • Article 21 – Protection of life and personal liberty
  • Article 25-28 – Freedom of religion (subject to public order, morality, and health)
  • Article 32 – Right to Constitutional Remedies (they can move the SC for enforcement of rights available to them)

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  Rights NOT Available to OCI Cardholders

  They are not entitled to Fundamental Rights meant only for citizens:
  • Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth
  • Article 16 – Equality of opportunity in matters of public employment
  • Article 19 – Protection of certain rights regarding freedom of speech, movement, residence, profession
  • Article 29 & 30 – Cultural and educational rights of minorities
• They are also barred from:
  • Political rights (Articles 58, 66 – eligibility for President & VP; Articles 124, 217 – SC/HC Judge; voting rights under Representation of People Act)

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  OCI in the Context of National Emergency

  • During National Emergency (Art. 352), Fundamental Rights under Article 19 are suspended for citizens — but OCI holders already don’t enjoy Article 19, so there’s no impact there.
  • Rights under Articles 14, 20, 21 are not automatically suspended unless the Article 359 order explicitly includes them — so OCI holders, like other “persons,” may still approach courts unless those rights are also suspended.
  • In Preventive Detention scenarios (Art. 22), OCI can be detained just like any foreign national.
  • My view:
    • OCI’s legal position in a National Emergency is closer to that of any other foreign national, not an Indian citizen.
    • While their economic rights parity with NRIs may continue post-emergency, any privileges are subject to Central Government discretion and can be withdrawn for reasons of sovereignty, integrity, or public order (as per the Citizenship Act provisions).
      
      Updated August 13, 2025 – 8:05 AM | Sources: NewsOnAir & MEA