OVERSEAS CITIZEN OF INDIA

1st October, 2024 POLITY AND GOVERNANCE

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Context:

Many Overseas Citizens of India (OCI) cardholders expressed concerns about being labelled as "foreigners." To address this, the Ministry of External Affairs clarified that there have been no changes to the OCI rules.

About Overseas Citizen of India

An Overseas Citizen of India (OCI) is a person who holds an OCI card, allowing them to enjoy certain privileges while visiting India. It was introduced in 2005 to provide a form of registration for Persons of Indian Origin (PIOs) who were citizens of India or were eligible to become citizens on January 26, 1950.

Background

In 2000, the Indian government created a High-Level Committee on the Indian Diaspora, chaired by L.M. Singhvi. The committee aimed to study the global Indian community and recommend ways to strengthen ties with them.
The committee proposed amendments to the Citizenship Act of 1955 to allow dual citizenship for Persons of Indian Origin (PIOs) from specific countries. This led to the Citizenship (Amendment) Act, 2003, which granted OCI to PIOs from 16 countries, excluding Pakistan and Bangladesh.
In 2005, the scope expanded to include PIOs from all countries except Pakistan and Bangladesh provided those countries allowed dual citizenship.
In 2015, the Indian government merged the PIO card and OCI card schemes to simplify the process for applicants. This change led to the new term "Overseas Citizen of India Cardholder."

Rights and Privileges of OCI Card Holders

OCI cardholders get a multiple-entry, lifelong visa to visit India without needing a separate visa for each visit.
They are exempt from registering with local police for any duration of stay in India, making travel easier.
Initially, OCI holders were treated similarly to Non-Resident Indians (NRIs) in most economic and educational fields, except for acquiring agricultural or plantation properties.
They can access domestic airfares and entry fees at wildlife sanctuaries, historical sites, and other cultural spots at the same rates as Indian citizens.
OCIs can participate in various educational and financial schemes similar to NRIs.

Non-Resident Indians (NRIs)	NRIs are Indian citizens who reside outside India. A person is classified as an NRI if: They spend less than 182 days in India during a financial year. They stay in India for fewer than 365 days in the four years before that year and less than 60 days in that year.
Persons of Indian Origin (PIOs)	PIO refers to foreign citizens (excluding nationals from Pakistan, Afghanistan, Bangladesh, China, Iran, Bhutan, Sri Lanka, and Nepal) who: Have ever held an Indian passport. Have parents, grandparents, or great-grandparents who were born and lived in India. The PIO category was merged into the OCI category in 2015.
Overseas Citizens of India (OCIs)	OCIs are foreign nationals who meet specific criteria: They were eligible for Indian citizenship on January 26, 1950. They were citizens of India at any time after January 26, 1950, or belonged to territories that became part of India after August 15, 1947. Minor children of eligible individuals, excluding those from Pakistan or Bangladesh, can also apply for OCI cards.

In 2021, new rules were introduced that impacted the rights of OCI cardholders:

OCIs must now obtain permission for research or other activities in protected areas like Jammu & Kashmir.
The rules equate OCIs with foreign nationals concerning economic and educational fields under the Foreign Exchange Management Act (FEMA), meaning they no longer enjoy the same parity as NRIs in these areas.

Limitations for OCI Card Holders

They cannot vote in Indian elections or hold any constitutional positions like members of the legislature or judiciary.
They are not eligible for employment in government positions or to hold constitutional posts in India.
For certain activities, such as research or visiting protected areas, they must secure special permissions.

Renunciation

If someone chooses to renounce the OCI status, they must declare this to the government. Once registered, they will no longer hold OCI status. Their spouse and any minor children will also lose their OCI status.

Indian government can cancel OCI registration for several reasons

If registration was obtained through fraud or false information.
If show disaffection towards the Indian Constitution.
If illegally communicate with enemies during wartime.
If sentenced to two or more years in prison within five years of registration.
If it's deemed necessary for India's sovereignty, integrity, security, or public interest.

Must Read Articles:

OVERSEAS CITIZENS OF INDIA (OCI)

INDIAN CITIZENSHIP

Source:

Indian Express

Ministry of External Affairs

Wikipedia

PRACTICE QUESTION

Q.Consider the following statements regarding OCI cardholders:

1. They are eligible for a lifelong visa to visit India without the need for a separate visa.

2. They must register with local police for stays exceeding 30 days.

3. They are treated similarly to Non-Resident Indians (NRIs) in educational fields.

How many of the above statements are correct?

A) Only one

B) Only two

C) All three

D) None

Answer: A

Explanation:

Statement 1 is correct:

OCI cardholders receive a multiple-entry, life-long visa to visit India. They don’t need to apply for a separate visa for each visit.

Statement 2 is incorrect:

OCI card holders are exempt from registering with the local police, regardless of how long they stay in India. This is one of the key benefits of holding an OCI card.

Statement 3 is incorrect:

Initially, OCI card holders had many rights similar to NRIs, but recent changes have placed them at par with foreign nationals in many aspects, including economic and financial rights. However, they still enjoy some benefits in education compared to foreign nationals, but not all.

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