Overseas Citizenship Of India

The Government of India (Ministry of External Affairs) established a High Level Committee on the Indian Diaspora in September 2000, chaired by L.M. Singhvi. The Committee's mandate was to conduct a comprehensive study of the global Indian Diaspora and make recommendations for improving relations with them.

 

In January 2002, the committee submitted its report. It recommended that the Citizenship Act of 1955 be amended to allow Persons of Indian Origin (PIOs) from certain countries to be granted dual citizenship. As a result, the Citizenship (Amendment) Act, 2003 allowed PIOs from 16 countries other than Pakistan and Bangladesh to apply for Overseas Citizenship of India (OCI). The Principal Act also omitted all provisions recognising or relating to Commonwealth Citizenship.

 

Later, the Citizenship (Amendment) Act of 2005 broadened the scope of OCI grants to PIOs from all countries (except Pakistan and Bangladesh) as long as their home countries recognise dual citizenship under local laws.

 

It is important to note that the OCI is not a dual citizenship because the Indian Constitution prohibits dual citizenship or nationality (Article 9).

 

The Citizenship (Amendment) Act of 2015, once again, has changed the provisions of the Principal Act relating to the OCI. By combining the PIO and OCI card schemes, it has created a new scheme called "Overseas Citizen of India Cardholder."

 

The PIO card scheme went into effect on August 19, 2002, and the OCI card scheme went into effect on December 1, 2005. Despite the fact that the OCI card scheme had grown in popularity, both schemes ran concurrently. In the minds of applicants, this was causing unnecessary confusion. The Government of India decided to formulate one single scheme after merging the PIO and schemes, OCI, containing positive attributes of both, in order to address some problems faced by applicants and to provide enhanced facilities to them. As a result, the Citizenship (Amendment) Act of 2015 was passed to achieve this goal. The PIO scheme was abolished on January 9, 2015, and it was also announced that all existing PIO cardholders would be considered OCI cardholders on that date.

 

The Citizenship (Amendment) Act, 2015 replaced the term "Overseas Citizen of India" with "Overseas Citizen of India Cardholder," and amended the Principal Act to include the following provisions:

 

(1) On an application made in this regard, the Central Government may register as an Overseas Citizen of India Cardholder—

I Who is a citizen of another country but was a citizen of India at the time of the Constitution's inception, or at any time afterward; or

(ii) A person who is a citizen of another country but was eligible to become an Indian citizen at the time the Constitution was enacted; or

 

(iii) Who is a citizen of another country but formerly resided in a territory that was annexed by India after August 15, 1947; or

 

(iv) Who is the citizen's child, grandchild, or great-grandchild; or

 

(b) A person who is a minor child of one of the individuals listed in clause (a); or

 

(c) A person who is a minor child and whose both parents are Indian citizens or one of the parents is an Indian citizen; or

 

(d) Spouse of a citizen of India or spouse of an Overseas Citizen of IndiaCardholder of foreign origin, whose marriage has been registered and sustained for a continuous period of not less than two years immediately preceding the submission of the application.

 

No person whose parents, grandparents, or great grandparents are or were citizens of Pakistan, Bangladesh, or any other country specified by the Central Government is eligible to register as an Overseas Citizen of India Cardholder.

 

(2) The Central Government may set a date after which existing Indian Origin Cardholders will be considered Overseas Citizens of India Cardholders.

 

(3) Notwithstanding anything in point (1), if the Central Government is satisfied that special circumstances exist, it may register a person as an Overseas Citizen of India Cardholder after recording the circumstances in writing.

 

(1) An Overseas Citizen of India Cardholder is entitled to the rights set forth by the Central Government in this regard.

 

(2) An Indian citizen living abroad The following rights (which are conferred on an Indian citizen) are not available to cardholders:

 

(a) In matters of public employment, he shall be denied the right to equal opportunity.

 

(b) He is ineligible for the office of President.

 

(c) He is ineligible for Vice-Presidential election.

 

(d) He will be ineligible for appointment as a Supreme Court Judge.

 

e) He is ineligible to be appointed to the High Court as a judge.

 

f) He will not be allowed to register as a voter.

 

(g) He is ineligible to serve in the House of People or the Council of States.

 

(h) He is ineligible to serve in the State Legislative Assembly or the States Legislative Council.

 

I Except for appointment to such services and posts as the Central Government may specify, he shall be ineligible for public service and posts in connection with the affairs of the Union or any State.

 

(1) Any Overseas Citizen of India Cardholder who makes a declaration renouncing the Card registering him as an Overseas Citizen of India Cardholder in the prescribed manner shall have the declaration registered by the Central Government, and that person shall cease to be an Overseas Citizen of India Cardholder upon such registration.

 

(2) When a person ceases to be an Overseas Citizen of India Cardholder, his or her spouse of foreign origin, who has obtained an Overseas Citizen of India Card, and each minor child of that person who is registered as an Overseas Citizen of India Cardholder, ceases to be an Overseas Citizen of India Cardholder.

 

(a) the registration as an Overseas Citizen of India Cardholder was obtained through deception, misrepresentation, or concealment of material facts; or

 

(b) The holder of an Overseas Citizen of India Card has expressed dissatisfaction with India's Constitution; or

 

(c) the holder of an Overseas Citizen of India Card has illegally traded or communicated with an enemy during any war in which India may be involved; or

 

(e) it is necessary in the interests of India's sovereignty and integrity, security, friendly relations with any foreign country, or the general public; or

 

(f) A marriage between an Overseas Citizen of India Cardholder and a foreign national—

 

(i) Has been declared bankrupt by a competent court of law; or

 

(ii) Has not been dissolved, but he has solemnised marriages with other people during the course of the marriage.