Who is an Overseas Citizen of India? What are the rights and privileges of OCI card holders?

Sub :Polity

Sec: Constitution

Context:

Recently, false reports were circulating on social media regarding OCIs becoming reclassified as “foreigners” in India.
Consulate General of India in New York clarified that the provisions of a gazette notification from 2021 continue to remain in force, and that no new change has been introduced in the recent past for OCI card holders.

What is an OCI card?

An OCI (Overseas Citizen of India) card is a form of citizenship status offered to individuals of Indian origin who are citizens of other countries, under Section 7A of the Citizenship Act 1955.
It was introduced in 2005 with an aim to provide dual citizenship for the Indian diaspora.
If an individual is registered as an OCI for a period of five years, he/she is eligible to apply for Indian citizenship.

Eligibility:

It is available to people who were Indian citizens or their descendants. This includes children and grandchildren of Indian citizens.
The spouse of foreign origin of a citizen of India or an OCI, whose marriage has been registered and subsisted for not less than two years, can apply for an OCI card.
An applicant is not eligible to get an OCI card if his/her parents or grandparents have ever been a citizen of Pakistan or Bangladesh.
Foreign military personnel either in service or retired are not entitled for grant of OCI.

Benefits:

Multiple entry, life-long visa for visiting India.
No restrictions on the length of stay in India.
Access to various economic, financial, and educational benefits, similar to Indian citizens.

Restrictions:

The OCI card holder is not entitled to vote, be a member of a Legislative Assembly or a Legislative Council or of Parliament.
OCI cannot hold Indian constitutional posts such as that of the President, Vice President, Judge of the Supreme Court or High Court.
He or she cannot normally hold employment in the government.

Current Status:

As per government records, there were more than 45 lakh registered OCI card holders in2023, from 129 countries.
The US topped the list with over 16.8 lakh OCI card holders, followed by the UK (9.34 lakh), Australia (4.94 lakh) and Canada (4.18 lakh).

Recent amendment:

In 2021, the Ministry of Home Affairs issued a gazette notification amending the rules regarding OCI card holders.
The amendment put OCIs at par with “foreign nationals” under the Foreign Exchange Management Act (FEMA).
Earlier, OCI card holders had general parity with Non-Resident Indians (NRIs) in economic, financial, and educational fields, except for agricultural property.
It required OCI card holders to seek permission or a permit to visit protected areas in India. Special permit is also needed for research and missionary activities.

Previous amendments:

OCI rules have been amended in 2005, 2007 and 2009 prior to this.
2005: Established multiple-entry visas and exemptions from FRRO registration.
2007: Parity with NRIs for inter-country adoption, airfare on domestic flights, and entry fees to wildlife parks.
2009: Parity with NRIs for monument entry fees, professional opportunities, and eligibility for all-India tests.