Delhi HC sets aside order revoking Sweden-based professor Ashok Swain’s OCI status

Subject : Polity

Section: Constitution

Concept :

The Delhi High Court Monday set aside an order passed by the Indian Embassy to Sweden and Latvia revoking Sweden-based Professor Ashok Swain’s Overseas Citizen of India (OCI) status.
The high court noted that the order stated “that the said exercise of power is under Section 7(D)(e) of Citizenship Act on the ground that the petitioner is indulging in activities which is prejudicial to the interest of the sovereignty and integrity of India, security of India, friendly relationship of India with any foreign country”.

Overseas Citizen of India

In 2000, the Union Ministry of External Affairs under the Chairmanship of L.M. Singhvi set up a High-Level Committee on the Indian Diaspora.
The Committee was asked to make a comprehensive study of the global Indian Diaspora and to recommend measures for a constructive relationship with them.
The committee recommended the amendment of the Citizenship Act (1955) to provide for the grant of dual citizenship to Persons of Indian Origin (PIOs) belonging to certain specified countries.
The Citizenship (Amendment) Act 2003, made provision for the acquisition of Overseas Citizenship of India (OCI) by the PIOs of 16 specified countries other than Pakistan and Bangladesh.
The Citizenship (Amendment) Act 2005 expanded the scope of the grant of OCI for PIOs of all countries except Pakistan and Bangladesh as long as their home countries allow dual citizens under their local laws.
The OCI is not dual citizenship as the Indian Constitution under Article 9 forbids dual citizenship or dual nationality.
The Citizenship (Amendment) Act, 2015, has introduced a new scheme called “Overseas Citizen of India Cardholder” by merging the PIO card scheme and the OCI card scheme.

Why the OCI and PIO merged?

The PIO card scheme was introduced in 2002 and thereafter the OCI card scheme was introduced in 2005. Both the schemes were running in parallel even though the OCI card scheme had become more popular.
This was causing unnecessary confusion in the minds of applicants. The government accepted the problems being faced by applicants and to provide enhanced facilities to them, the Indian Government formulated one single scheme after merging the PIO and OCI schemes, containing positive attributes of both.
For achieving the above objective, the Citizenship (Amendment) Act, of 2015, was enacted.
The Citizenship (Amendment) Act, of 2015, replaced the nomenclature of “Overseas Citizen of India” with that of “Overseas Citizen of India Cardholder”.

Rights of Overseas Citizens of India Cardholder

An overseas citizen of India cardholder shall be entitled to such rights, as the Central Government may specify.
OCI cardholders 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.
OCI 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.
On par with the Indian nationals in the matter of domestic air fares, entry fees to monuments and public places.
Parity with Non-Resident Indians (NRIs) in adoption of children, appearing in competitive exams, purchase or sale of immovable property barring agricultural land and farmhouses, and pursuing professions such as doctors, lawyers, architects, and chartered accountants

Limitations of OCI

An overseas citizen of India cardholder shall not be entitled to the following rights (which are conferred on a citizen of India);
He shall not be entitled to the right to equality of opportunity in matters of public employment.
He shall not be eligible for election as President.
He shall not be eligible for election as Vice-President.
He shall not be eligible for appointment as a Judge of the Supreme Court.
He shall not be eligible for appointment as a Judge of the High Court.
He shall not be entitled to register as a voter.
He shall not be eligible for being a member of the House of the People or the Council of States.
He shall not be eligible for being a member of the State Legislative Assembly or the State Legislative Council.
He shall not be eligible for appointment to public services and posts in connection with affairs of the Union or of any State except for appointment in such services and posts as the Central Government may specify.

Renunciation of Overseas Citizen of India Card

If any overseas citizen of India cardholder makes a declaration renouncing the Card registering him as an overseas citizen of India cardholder, the declaration shall be registered by the Central Government, and upon such registration, that person shall cease to be an overseas citizen of India cardholder.
Where a person ceases to be an overseas citizen of India cardholder, the spouse of foreign origin of that person, who has obtained an overseas citizen of India card and every minor child of that person registered as an overseas citizen of India cardholder shall subsequently cease to be an overseas citizen of India cardholder.

Cancellation of Registration as an Overseas Citizen of India Cardholder

The Union Government may cancel the registration of a person as an overseas citizen of India cardholder if it is satisfied that;
The registration as an overseas citizen of India cardholder was obtained through fraud, false representation or the concealment of any material fact; or
The overseas citizen of India cardholder has shown disaffection towards the Constitution of India; or
The overseas citizen of India cardholder has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy; or
The overseas citizen of India cardholder has, within five years after registration, been sentenced to imprisonment for a term of not less than two years; or
It is necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public.