An understanding of the 'Overseas Citizen of India' concept
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Overseas Citizenship of India (OCI) - An analysis
- The story: In response to persistent demands for "dual citizenship" particularly from the Indian diaspora in North America and other developed countries, the Overseas Citizenship of India (OCI) Scheme was introduced by amending the Citizenship Act, 1955 in August 2005.
- Details: The Scheme was launched during the Pravasi Bharatiya Divas convention 2006 at Hyderabad. The Scheme provides for registration as Overseas Citizen of India (OCI) of all Persons of Indian Origin (PIOs) who were citizens of India on 26th January, 1950 or there after or were eligible to become citizens of India on 26th January, 1950 except who is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify.
- 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.
- According to Section 7A of the OCI card rules, an applicant is not eligible for the OCI card if he, his parents or grandparents have ever been a citizen of Pakistan or Bangladesh.
- The category was introduced by the government in 2005. The Government of India via Citizenship (Amendment) Act, 2015 merged the Person of Indian Origin (PIO) category with OCI category in 2015.
- Benefits to OCI cardholders: They can enter India multiple times, get a multipurpose lifelong visa to visit India, and are exempt from registering with Foreigners Regional Registration Office (FRRO). If an individual is registered as an OCI for a period of five years, he/she is eligible to apply for Indian citizenship. At all Indian international airports, OCI cardholders are provided with special immigration counters. The cardholders can open special bank accounts in India, buy the non-farm property and exercise ownership rights and can also apply for a Permanent Account Number (PAN) card.
- Restrictions: The cardholders do not get voting rights, cannot hold a government job and purchase agricultural or farmland. They cannot travel to restricted areas without government permission. An overseas citizen of India shall not be entitled to the rights conferred on a citizen of India under article 16 of the Constitution with regard to equality of opportunity in matters of public employment, or under article 58 of the Constitution for election as President, or under article 66 of the Constitution for election of Vice-President, or under article 124 of the Constitution for appointment as a Judge of the Supreme Court, or under article 217 of the Constitution for appointment as a Judge of the High Court, or under section 16 of the Representation of the People Act, 1950(43 of 1950) in regard to registration as a voter, etc.
- Citizenship provisions: The Constitution deals with citizenship from Articles 5 to 11 under Part II. However, it contains neither any permanent nor any elaborate provisions in this regard. It only identifies the persons who became citizens of India on 26th January 1950 (i.e. when the Constitution commenced), and empowers the Parliament to enact a law to provide for matters relating to citizenship. Accordingly, the Parliament has enacted the Citizenship Act, 1955, which has been recently amended in 2015.
- PIOs: A Person of Indian Origin (PIO) is a foreign citizen (except a national of Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka and Nepal)
Who at any time held an Indian passport or
Who or either of their parents/ grandparents/ great grandparents were born and permanently resident in India as defined in Government of India Act, 1935 and other territories that became part of India thereafter or
Who is a spouse of a citizen of India or a PIO.
Who or either of their parents/ grandparents/ great grandparents were born and permanently resident in India as defined in Government of India Act, 1935 and other territories that became part of India thereafter or
Who is a spouse of a citizen of India or a PIO.
- NRIs: Non Resident Indian is a person who is not a resident of India. An individual is deemed to be a resident, if (A) Individual has resided in India in that year for 182 days or more or (B) Having within the 4 years preceding that year been in India for 365 days or more and is in India for 60 days or more in that year. NRIs are eligible to vote, and most importantly, only the income that they have earned in India is taxable in India.
- Renunciation of OCI overseas citizenship: If any overseas citizen of India of full age and capacity makes in the prescribed manner a declaration renouncing his overseas citizenship of India, the declaration shall be registered by the Central Government, and; upon such registration, that person shall cease to be an overseas citizen of India. Where a person ceases to be an overseas citizen of India under subsection (1), every minor child of that person registered as an overseas citizen of India, shall thereupon cease to be an overseas citizen of India.
- EXAM QUESTIONS: (1) What are the pros and cons of having a strong global diaspora of Indian origin? Explain. (2) What are the various controversies associated with the CAA law in India? Explain in brief.
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