Overseas Citizens of India (OCI)

Why in news?

• The Supreme Court on 1^st October 2021 permitted Overseas Citizens of India (OCI) candidates to participate in the NEET-UG 2021 counselling in the general category.

About Overseas Citizens of India:

• Overseas Citizenship of India (OCI) is a form of permanent residency available to people of Indian origin and their spouses which allows them to live and work in India indefinitely.
• Despite the name, OCI status is not citizenship and does not grant the right to vote in Indian elections or hold public office.
• As of 2020, there are 6 million holders of OCI cards among the Indian Overseas diaspora
• The OCI scheme was introduced by The Citizenship (Amendment) Act, 2005 in response to demands for dual citizenship by the Indian diaspora. It provides Overseas citizens many of the rights available to resident citizens.

Who is eligible to apply?

• A foreign national, who was eligible to become a citizen of India on 26.01.1950 or was a citizen of India on or at anytime after 26.01.1950 or belonged to a territory that became part of India after 15.08.1947 and his/her children and grand children, provided his/her country of citizenship allows dual citizenship in some form or other under the local laws, is eligible for registration as an Overseas Citizen of India (OCI).
• Minor children of such person are also eligible for OCI.
• However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he/she will not be eligible for OCI.

Privileges enjoyed by OCI card holders:

• Multiple entry, multi-purpose life long visa free to visit India.
• Exemption from registering with the Foreigners Regional Registration Officer (FRRO) of India on their arrival in the country or for any length of stay in India, unless there is a change of permanent home address or occupation.
• Parity with NRIs in financial, economic, and educational fields, except in the acquisition of agricultural or plantation properties.
• Parity with Indian citizens for domestic airfares and admit fees into national parks, wildlife sanctuaries, national monuments, historical sites, and museums.
• Parity with foreign nationals for any other field not mentioned in 3 and 4.
• Can visit India for the purpose of conducting research after obtaining a No Objection/Research Project Clearance Certificate from Ministry of Home Affairs (MHA), India and that can be applied at nearest Indian Diplomatic Mission

Rights not available to OCI card holders:

• They do not have the right to vote.
• They do not have the right to hold the offices of Prime Minister, President, Vice-President, Judge of Supreme Court and High Court, member of Lok Sabha, Rajya Sabha, Legislative Assembly, or Council.
• They do not have the right to any public services (government jobs).
• They do not have the right to invest in farmland (agricultural property). However, they can still inherit farmland.
• They are not eligible for an Inner Line Permit. Overseas Citizens of India need to apply for a protected area permit to perform certain activities and visit certain areas in India

Revoking the OCI card

• Previously, the government could cancel OCI status of people who obtained it by fraud, showed acts of unpatriotism, or broke a law punishable with at least two years in jail before five years of having issued OCI.
• The Citizenship (Amendment) Act, 2019 gives the government additional power to strip people of their OCI status if they violate any local law, whether it is a petty misdemeanor or a serious felony.

PRACTICE QUESTION:

With reference to ‘Overseas Citizens of India (OCI) scheme’, consider the following statements:

1. OCI scheme is introduced by the Citizenship (Amendment) Act, 2019

2. OCI card holders do not have the right to vote in India

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer