Context: The Ministry of Home Affairs (MHA) has cancelled the registration of 194 Overseas Citizens of India (OCI) since 2014, 57 in 2024, under the Section 7D of the Citizenship Act 1955.
Relevance of the Topic: Prelims: Key facts about Overseas Citizen of India (OCI).
Who is an Overseas Citizen of India (OCI)?
- OCI is an immigration status authorising a foreign citizen of Indian origin to live and work in India for an indefinite period.
- OCI card was launched by the Government of India to meet the demands of the Indians residing overseas who insisted on dual citizenship.
Eligibility Criteria:
- OCI is a Foreign National:
- Who was a citizen of India at the time of, or at any time after 26th January 1950
- Who was eligible to become a citizen of India on 26th January, 1950
- Who belonged to a territory that became part of India after 15th August 1947
- Who is a child or a grandchild or a great grandchild of such a citizen
- Who is a minor child of such persons mentioned above
- Who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India - is eligible for registration as OCI cardholder.
- Spouse of foreign origin of a citizen of India or spouse of foreign origin of an OCI cardholder and whose marriage has been registered for a continuous period of not less than 2 years immediately preceding the application.
- However, no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or other country as notified by the Central Government shall be eligible for registration as an OCI.
- Foreign nationals cannot apply for OCI in India while on Tourist Visa, Missionary Visa and Mountaineering Visa. Moreover, the foreigner must be ordinarily resident of India to be eligible to apply for OCI registration in India.
Benefits to OCI cardholders
- Allows them to visit India without having to apply for a visa and stay indefinitely.
- Exempt from having to register with the local police for the duration of their stay.
- Parity with Non-Resident Indians (NRIs) in economic, financial, and educational fields, except in matters relating to the acquisition of agricultural or plantation properties.
- Equality for the NRIs for intercountry adoption.
OCIs can travel freely within India and work in the country, however they cannot vote or own agricultural land.
When can the OCI card be cancelled?
Under Section 7D of the Citizenship Act 1955, the Union government can issue notice to an OCI holder and cancel their registration:
- If the OCI cardholder gets registration using fraud, false representation, or the concealment of any material fact.
- If the OCI (within five years after their registration as an OCI cardholder) is sentenced to imprisonment for a term of not less than 2 years.
- If the OCI has shown disaffection towards the Indian Constitution.
- If the OCI has engaged, associated, unlawfully traded, or communicated with an enemy nation with which India is at war, or has undertaken any business or commercial activity to assist an enemy in that war.
Additionally, If the government feels that it is necessary to revoke an OCI cardholder’s registration in the interest of the sovereignty, integrity and security of India, friendly relations of India with any foreign country, or in the interests of the general public, the government can cancel the concerned OCI card.