Section 7 of the Citizenship Act of 1955 acknowledges individuals holding foreign passports who have a connection to India through birth or parentage as Overseas Citizens of India (OCIs). OCI refers to Overseas Citizen of India, a designation provided by the Indian government to individuals of Indian descent who possess citizenship in a foreign nation. This status is particularly significant as it acknowledges the global Indian diaspora and facilitates their connection to India. The OCI scheme bestows numerous advantages that parallel those enjoyed by Indian citizens, thereby enhancing opportunities for engagement with the country of their heritage.

A foreign national who qualified for Indian citizenship on January 26, 1950, or was an Indian citizen at any point after that date, or who belonged to a region that joined India after August 15, 1947, along with their children and grandchildren, is eligible to register as an Overseas Citizen of India (OCI).

An OCI is granted the privilege of a lifelong visa to India. To take advantage of this benefit, it is essential for the OCI to consistently hold a valid passport from their country of origin during their stay in India. Remaining in India without a valid passport as an OCI is considered unlawful.

OCI cardholders seeking employment at universities, organizations, or establishments that involve research positions, journalistic activities, internships, or roles within foreign diplomatic missions or government organizations in India must obtain the required permit before their start date.

They must obtain special permission or a permit to engage in the following activities: research, missionary work, Tabligh, mountaineering, journalism, internships or employment with Indian-based foreign diplomatic missions or government organizations, and visits to areas designated as protected, restricted, or prohibited by the Central Government or relevant authorities. This special permission will be issued by an authorized competent authority, the Foreigners Regional Registration Office (FRRO), or the appropriate Indian Mission.

Key Features of OCI:

Individuals of Indian origin who have acquired citizenship from a country other than Pakistan or Bangladesh qualify for an Overseas Citizen of India (OCI) card. This card provides a lifelong visa that permits multiple entries and unrestricted travel to India. OCI cardholders are exempt from the requirement to register with the Foreigners Regional Registration Office (FRRO) during their stays in India. They also enjoy the same privileges as Non-Resident Indians (NRIs) regarding economic, financial, and educational benefits, including the ability to own property and pursue studies in India.

Background:
The government set up a committee in the year 2000, to explore the global Indian diaspora and suggest ways to build a strong, positive relationship with them. The findings of this committee laid the groundwork for the idea of 'overseas citizenship.' As a result, the Citizenship Act of 1955 was revised in 2003 to include the term 'overseas citizen of India,' among other updates. The definition of 'overseas citizenship' was expanded in subsequent amendments. However, it seems that the government has recently taken a step back by imposing certain limitations on 'overseas citizenship.'

Indian law does not recognize 'dual or plural citizenship,' which would allow individuals to hold citizenship in multiple countries at the same time. For many years, foreign nationals of Indian descent have sought some form of acknowledgment and benefits from the Indian government due to their Indian roots, which were eventually provided through the overseas citizenship framework.

The move to create 'overseas citizenship' appears to have been driven by practical reasons, as people of Indian origin play a significant role in boosting the nation's economy through foreign remittances. Thus, it seems justifiable to offer them certain advantages that are not available to other foreigners. The concept of 'overseas citizenship' was officially incorporated into Indian law through amendments to the Citizenship Act, particularly with the addition of Sections 7A to 7D. The rules surrounding overseas citizenship have been updated several times in the past to reflect the government's stance on these issues.

Disqualification:
Individuals with ancestry from Pakistan or Bangladesh are ineligible for OCI registration under any circumstances. To establish this disqualification, it is enough to demonstrate that the applicant has previously held citizenship in Pakistan or Bangladesh. A valid proof of this would be if a passport has been issued to the applicant by either of those countries.

The privileges enjoyed by OCI are purely a matter of government policy. Also, the central government enjoys certain overriding power(s) on the aspect of grant of OCI. The central government may, in special circumstances, for reasons to be recorded in writing, register a person as an OCI, even if he does not qualify the criteria described above.

Government Approval Required for Visiting Designated Areas:

The travel of Overseas Citizens of India (OCI) to certain designated regions is subject to government regulation. An OCI must obtain special permission to visit the protected areas identified by the government under the Foreigners (Protected Areas) Order of 1958 and the Foreigners (Restricted Areas) Order of 1963. In general, all regions lying between the Inner Line, as defined by these orders, and the state's international border are considered protected areas.

These protected areas encompass the entirety of Arunachal Pradesh, Manipur, Mizoram, Nagaland, and Sikkim (which includes both protected and restricted areas), as well as portions of Himachal Pradesh, Uttarakhand, Jammu and Kashmir, and Rajasthan. Restricted areas include the entire Andaman and Nicobar Islands and certain parts of Sikkim.

Eligibility for OCI:

An Overseas Citizen of India (OCI) refers to a foreign national of Indian ancestry who receives the status to reside and work in India without time limitations. The Government of India introduced the OCI card in 2005 to address the needs of Indians living abroad who sought the benefits of dual citizenship.

To qualify for an Overseas Citizen of India (OCI) status, an individual must satisfy several criteria: they should have been a citizen of India at any point after January 26, 1950, or have been eligible to become a citizen on that date; they must belong to a territory that joined India post-August 15, 1947; they should be a child, grandchild, or great-grandchild of an Indian citizen, or a minor child of an Indian citizen; they must not be a citizen of Pakistan or Bangladesh; and they need to have a home country that permits dual citizenship.

Procedure for Registration:
To apply for Overseas Citizen of India (OCI) services, it is essential for former Indian nationals to submit a Certificate of Renunciation of Indian citizenship. If you have not yet obtained this certificate, you need to do so before proceeding with your OCI application. Once you have received the Renunciation Certificate, you can then apply for the OCI.

To qualify for registration as an OCI Cardholder, individuals must fall under specific categories. Eligible applicants include any person of legal age who is a citizen of another country but was a citizen of India at the time of or any time after the Constitution's commencement on January 26, 1950. This also includes individuals who were eligible to become Indian citizens at that time or those who belonged to a territory that became part of India after August 15, 1947. Furthermore, descendants such as children, grandchildren, or great-grandchildren of eligible citizens are also allowed to apply.

However, certain categories of foreign nationals are not permitted to register as OCI Cardholders. This includes individuals whose parents, grandparents, or great-grandparents were or are citizens of Pakistan, Bangladesh, or any other country that the Central Government may designate in an official notification. Additionally, foreign military or police personnel, whether currently serving or retired, also do not qualify for OCI registration.

An individual who qualifies for OCI status must register with the appropriate authorities in order to receive the associated benefits.

The registration process is summarized below:

1. Applicants must submit their registration in the designated format and through the specified channel to the relevant authorities. The application should include the required supporting documents.
2. If the application is submitted within India, it must be directed to the appropriate Foreigner Regional Registration Officer or the Foreigners Division of the Ministry of Home Affairs.
3. For applications submitted outside India, they must be filed with the appropriate Indian Mission or Post that oversees the country where the applicant holds citizenship or resides.
4. Once the application is received, the central government will perform a preliminary inquiry. If satisfied, the government will approve the registration and initiate a verification of the applicant's background, which should be completed within 30 days.
5. The central government must make a decision on the application within four months from the receipt date.
6. Registration for spouses of foreign nationals, Indian citizens, or OCI cardholders is contingent upon prior security clearance from the relevant authority.

Every individual registered as an OCI is provided with a registration booklet issued by the government. This booklet acts as proof of identity. India has OCI registrants in nearly 150 countries around the world.

Benefits of OCI:

The advantages of obtaining an OCI include the provision of a lifetime multi-entry, multi-purpose visa to visit India, exemption from the requirement to report to police authorities regardless of the length of stay in the country, and parity with Non-Resident Indians (NRIs) in various financial, economic, and educational sectors. Recipients of the OCI status benefit from streamlined travel to India, the ability to reside in the country for as long as they wish, and access to educational and business opportunities.

Section 7A of the Citizenship Act, 1955 (CZ Act) designates OCI cardholders as individuals of Indian heritage who have the right to travel, reside, and work in India indefinitely while retaining their foreign citizenship. Although OCI cardholders are not recognized as Indian citizens, they are entitled to certain privileges as outlined in Section 7B of the CZ Act. Following the authority provided in Section 7B, the Ministry of Home Affairs (MHA) has issued the OCI Notification 2021, which offers further clarification on the regulations governing OCI cardholders.

OCI cardholders will be treated equally to Non-Resident Indians (NRIs) as defined in Section 6 of the Income Tax Act for several purposes, including the inter-country adoption of Indian-born children (following legal procedures), participation in all-India entrance exams like JEE and NEET (granting eligibility for NRI or supernumerary seats, but not for seats reserved exclusively for Indian citizens), the purchase or sale of immovable properties (excluding agricultural land, farmhouses, or plantations), and the pursuit of professions such as doctor, dentist, nurse, pharmacist, lawyer, architect, or chartered accountant in India, subject to relevant laws and regulations.

OCI cardholders will be treated equally with other foreign nationals in matters related to education, economic, or financial fields that are not explicitly specified in the OCI Notification 2021, as well as in rights and privileges that are not addressed by any notifications issued by the Reserve Bank of India (RBI) under the Foreign Exchange Management Act 1999 (FEMA).

OCI cardholders are no longer required to register with the FRRO for any duration of their stay in India. However, they must inform the FRRO via email regarding any changes to their permanent residential address or occupation.

OCI cardholders will be regarded on the same level as Indian nationals for specific purposes, including airfares for domestic flights within India and applicable entry fees for visiting Indian museums, national parks, national monuments, wildlife sanctuaries, and historical sites.

Limitations of OCI:
The Overseas Citizen of India (OCI) status provides various benefits to individuals of Indian descent, yet it also presents considerable restrictions. OCI cardholders do not possess political rights, meaning they cannot vote in elections or run for public office in India. Furthermore, they are barred from government jobs and holding constitutional positions. These limitations underscore a distinct separation between full Indian citizenship and OCI status, ensuring that significant decision-making powers remain with Indian citizens.

OCI cardholders also encounter restrictions regarding property ownership, as they are not permitted to buy agricultural land, plantation properties, or farmhouses. This rule is aimed at safeguarding India's agricultural economy and preventing potential exploitation of agricultural resources by foreign nationals or organizations. However, while OCI holders may inherit such properties, they are prohibited from actively buying or selling them.

Another critical limitation is the Indian government's authority to revoke OCI status at its discretion. The government can annul or withdraw the OCI card if the holder is found to violate Indian laws or engage in activities that are detrimental to India's interests. This introduces an element of uncertainty for OCI holders, especially those involved in activism or advocacy. These restrictions highlight the distinct differences between full citizenship and OCI status, emphasizing the latter as a regulated yet privileged status.

Cancellation of OCI:
Section 7D of the Citizenship Act, 1955 outlines the conditions under which the Central Government may cancel an individual's registration as an Overseas Citizen of India. This revocation can occur through an official order if there is sufficient evidence to support certain criteria.

Firstly, the government may revoke this registration if it is determined that the individual obtained their status through deceitful means such as fraud, misrepresentation, or the concealment of relevant information. Additionally, registration may be cancelled if the individual has shown disloyalty to the Constitution of India, as defined by legal standards.

Moreover, cancellation may be warranted if the individual engages in unlawful activities during conflicts involving India, such as trading with the enemy or participating in businesses that knowingly benefit hostile entities. Other grounds for revocation include a criminal conviction resulting in imprisonment of two years or more within five years of registration as OCI, or if the government concludes that cancellation is essential for preserving India's sovereignty, national security, diplomatic relations, or the public interest.

Alternatively, if the Overseas Citizen of India Cardholder has breached any stipulations of this Act or any other applicable laws as specified by the Central Government in the notification published in the Official Gazette. The OCI will also be revoked if the marriage of an Overseas Citizen of India Cardholder, obtained under clause (d) of sub-section (1) of section 7A, is either dissolved by a competent court or through other means, or if, while the marriage is still valid, the individual enters into a marriage with another person.

No order under this section shall be issued without first providing the Overseas Citizen of India Cardholder a fair chance to be heard, as stipulated in the amendment introduced by Act No. 47 of 2019 on December 12, 2019.

Loopholes and Criticisms in the OCI Scheme:
The rights and obligations of Overseas Citizens of India (OCI) face several potential loopholes and criticisms that merit attention. Firstly, OCIs encounter notable employment restrictions, as outlined in Clause 4 of the 2021 MHA notification, which mandates prior approval from the Reserve Bank of India (RBI) for employment in certain fields. This requirement creates significant barriers, hindering their ability to find work despite their contributions through residency and tax payments. Furthermore, Section 7D of the Citizenship Act, 1955, grants the government broad discretion to revoke OCI status on vague grounds such as "disaffection towards the Constitution," leading to a lack of clear definitions and the potential for arbitrary actions.

In addition to employment challenges, OCIs face exclusions from essential rights, such as those under the Right to Information (RTI) Act, 2005, which prevents them from accessing public information that directly impacts them. While living in India, they also do not enjoy the full spectrum of constitutional rights, limiting their political participation and access to government programs despite their economic contributions. Other significant issues include the risks of dual taxation for those who maintain substantial connections in India, as they do not receive the same fiscal benefits as Non-Resident Indians (NRIs). Furthermore, OCIs are restricted from certain professions, such as journalism and public service, unless explicitly permitted, which curtails their career prospects and integration.

Finally, there exist ambiguities in property rights for OCIs, particularly concerning agricultural land, and the complex approval processes involved can deter investment. Additionally, the lack of a clear mechanism for grievance redressal leaves OCIs vulnerable to bureaucratic inefficiencies, while their rights remain heavily dependent on executive discretion without sufficient legislative oversight. Moreover, their absence from policymaking bodies means that the voices of OCIs, despite their significant contributions, are often ignored in decisions affecting their status and rights within India. These issues underscore the need for clearer definitions, enhanced transparency, and stronger protections to create a more equitable OCI framework.

The Overseas Citizen of India (OCI) scheme has also been criticized for its restrictive policies, which impede the effective integration of OCIs into Indian society, despite their contributions through taxes and various professions. OCIs face restrictions on certain professions, such as journalism and research, unless they obtain official approval, which limits their career opportunities. Many OCIs refrain from voicing concerns to local authorities, even regarding fundamental civic matters, due to fears that the government's discretionary powers could lead to the revocation of their status. Petitioners contend that these regulations disproportionately infringe upon their rights and contradict the scheme's original purpose of providing near-citizenship privileges. Critiques also encompass limitations on land ownership and restrictions on participation in specific organizations.

In November 2019, the MHA notification extended adoption rights to Overseas Citizens of India (OCIs) similarly to Non-Resident Indians (NRIs). However, when an OCI or NRI living abroad adopts a child from India, the child's foreign citizenship is often automatically conferred by the host country if at least one adoptive parent is a citizen there. According to section 9(1) of the Citizenship Act, this leads to the child losing their Indian citizenship without any chance to retain it upon reaching adulthood, as explained by the petitioners.

The OCI scheme was initially established to offer individuals of Indian origin rights similar to those of citizenship. However, recent regulatory changes have downgraded OCI holders to a less favourable status among foreign nationals. While the OCI card has always served as a long-term visa, it was originally meant to provide substantial benefits. These alterations appear to be in reaction to specific court decisions, enabling administrative changes without requiring parliamentary approval. Furthermore, despite being considered permanent residents of India, OCI holders frequently encounter difficulties when seeking information from government agencies under the Right to Information Act.

Critics argue that the initial intention behind the OCI was to allow Indians the benefits of dual citizenship. Furthermore, it is significant to note that an OCI is prohibited from joining any religious organization for travel. While the lack of voting rights for OCIs may be acceptable, it raises questions about the government's reasoning for restricting OCIs from purchasing agricultural land, participating in the journalistic community, and visiting areas deemed security risks for foreign nationals.

Renunciation of OCI:
An OCI may renounce their overseas citizenship by submitting a written declaration in the specified format and manner. This declaration will become effective once it is registered with the central government. If an individual ceases to be an OCI due to renunciation, their foreign-origin spouse and minor children will also automatically forfeit their OCI registration. The relevant authorities will keep a record of all cancellations or renunciations of registration.

Court Judgments:

• In the case of Dr. Christo Thomas Philip v. Union of India & Others (2019), the Delhi High Court determined that Overseas Citizens of India (OCIs) do not have the same fundamental rights as Indian citizens, especially regarding the right to practice medicine in India. The court highlighted that while OCIs have specific privileges, these do not equate to the rights of full citizens.
   
• Section 7A of the Citizenship Act outlines the criteria for eligibility to register as an OCI. According to the Delhi High Court's ruling in Syeda Afshan Rahman v. Union of India, W.P (Civil) No. 12520/2009 (02.07.2010), OCI status can only be granted to individuals who are citizens of foreign countries and not Indian citizens.
   
• In the case of Ashok Swain v. Union of India (2023), the Delhi High Court overturned the Indian Government's decision to revoke the Overseas Citizen of India (OCI) status of academic Ashok Swain. The court highlighted the necessity for the government to provide a comprehensive and well-reasoned order when making such determinations.
   
• In the case of Union of India v. Bahareh Bakshi (2023), the Supreme Court determined that either the physical or virtual presence of an Indian spouse is essential for the processing of an OCI card application submitted by foreign nationals married to Indian citizens, in accordance with Section 7A(d) of the Citizenship Act, 1955. This ruling reversed an earlier decision by the Delhi High Court, which had eliminated the necessity for the Indian spouse's presence.
   
• In the matter of Anushka Rengunthwar v. Union of India (2023), the Supreme Court analysed the scope of rights granted to Overseas Citizens of India (OCIs), emphasizing that these rights do not equate to those of Indian citizens in terms of fundamental rights and specific legal entitlements. The ruling reaffirmed the difference between OCIs and full citizens.

Conclusion:
The Overseas Citizen of India (OCI) framework balances the provision of privileges to individuals of Indian ancestry while preserving the unique status of Indian citizenship. It offers significant benefits, including a lifetime visa, exemptions from certain reporting obligations, and equal treatment with Non-Resident Indians (NRIs) across various sectors, which enhances connections with the Indian diaspora.

Nonetheless, it has notable limitations, such as the absence of political rights, restrictions on property ownership, and the government's authority to revoke OCI status, indicating its regulated character. Concerns about employment restrictions, inadequate grievance redressal mechanisms, and vague policies point to the need for reform.

Initially intended to offer near-citizenship privileges, the OCI scheme has seen a decline over time, raising questions about its consistency with its original principles. By addressing these issues through clear policies, fair rights, and legislative governance, the OCI framework can be fortified, ensuring it continues to serve as an important link between India and its global diaspora.

References:

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2. Tandon, A. (2024). Indian citizenship and immigration law. Niyogi Books.
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5. Taxmann. (2024). Taxmann's bare act: Citizenship Act 1955 & Citizenship Rules 2009.
6. Dewan, V. K. (2010). Law of citizenship, foreigners & passports (4th ed.). Asia Law House.