OVERSEAS CITIZEN OF INDIA (OCI)
1. Context
In the wake of several Overseas Citizen of India (OCI) card holders complaining about being reclassified as “foreigners”, the Ministry of External Affairs on Saturday (September 28) said that there were no changes made to the OCI rules
2.What is an Overseas Citizen of India Card?
- The OCI (Overseas Citizen of India) scheme, introduced in August 2005, allows for the registration of Persons of Indian Origin (PIOs) who were citizens of India on or after January 26, 1950, or who were eligible to become Indian citizens on that date.
- While presenting the bill in Parliament, Home Minister LK Advani highlighted that its aim was to offer dual citizenship to the Indian diaspora.
- An OCI cardholder, who typically holds a foreign passport, is granted a multiple-entry, multi-purpose, lifelong visa to India. They are also exempt from registering with local police regardless of the duration of their stay.
- According to government data, by 2023, there were over 4.5 million registered OCI cardholders from 129 countries. The largest number of OCI cardholders were from the United States, with over 1.68 million, followed by the UK (934,000), Australia (494,000), and Canada (418,000).
- Initially, OCI cardholders were granted general parity with Non-Resident Indians (NRIs) in areas like economic, financial, and educational facilities, with the exception of acquiring agricultural or plantation properties. NRIs are Indian citizens residing permanently in foreign
3. Rules regarding OCI
- OCI should not be misunderstood as "dual citizenship." It does not grant political rights such as the ability to vote, become a member of the Indian Parliament or state legislatures, or hold constitutional positions like the President, Vice President, or a Judge in the Supreme or High Courts.
- Additionally, OCI cardholders are generally not allowed to work in government positions.
- They must also obtain prior permission from the Government of India to engage in activities such as missionary work, mountaineering, or journalism.
- Furthermore, like other foreigners, OCI cardholders are required to obtain a Protected Area Permit (PAP) or Restricted Area Permit (RAP) to visit areas designated as protected or restricted by the government
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Constitutional Provisions
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4. Person of Indian Origin (PIO)
As per the Citizenship Act of 1955, you are classified as a Person of Indian Origin (PIO) if you are a foreign national and:
- You have held an Indian passport at some point in time; or
- You, your parents, grandparents, or great-grandparents were born in India as defined by the Government of India Act, 1935, or in territories that later became part of India, as long as none of them were ever citizens of Pakistan, Bangladesh, or any other country specified by the Indian government; or
- You are married to an Indian citizen or someone of Indian origin who meets the above conditions.
While Non-Resident Indians (NRIs) and PIOs have similar eligibility for financial transactions in India, PIOs face some restrictions. These include the inability to:
- Hold employment in the Indian government services,
- Occupy any constitutional office,
- Engage in activities such as mountaineering, missionary work, or research in restricted areas without prior approval,
- Enter India without a valid visa
5. Non resident India (NRI)
A Non-Resident Indian (NRI) is an Indian citizen who resides outside India for an extended period, typically for purposes such as employment, business, or education. NRIs maintain their Indian citizenship but live abroad for a major part of the year. The status of an NRI is primarily defined under the Income Tax Act of 1961 and the Foreign Exchange Management Act (FEMA) of 1999, which specify conditions to determine NRI status based on the period of stay in India.
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For Prelims: Citizenship Amendment Act, Minorities, Secularism, NPR, NRC,
For Mains:
1. The Citizenship Amendment Act (CAA) of 2019 has sparked significant controversy in India. Critically examine the Act's provisions, highlighting the key concerns and potential implications. In your opinion, does the CAA violate the secular principles enshrined in the Indian Constitution? (250 words)
2. Considering the debates surrounding the CAA, critically analyze the concept of citizenship in India. How has the concept evolved, and what are the challenges in defining and managing citizenship in a diverse democracy like India? (250 words)
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Previous Year Questions
Consider the following statements: (2018) 1. Aadhaar card can be used as a proof of citizenship or domicile.
2. Once issued, the Aadhaar number cannot be deactivated or omitted by the Issuing Authority.
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
2. What is the position of the Right to Property in India? (UPSC 2021) (a) Legal right available to citizens only
(b) Legal right available to any person
(c) Fundamental Rights available to citizens only
(d) Neither Fundamental Right nor legal right
3. With reference to the Delimitation Commission, consider the following statements: (UPSC 2012)
1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.
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
4. Barak Valley in Assam is famous for which among the following? (MSTET 2019)
A. Bamboo Industry
B. Petroleum Production
C. Cottage Industries
D. Tea Cultivation
5. Which one of the following is an important crop of the Barak Valley? (Karnataka Civil Police Constable 2019)
A. Sugarcane B. Jute C. Tea D. Cotton
6. Under Assam Accord of 1985, foreigners who had entered Assam before March 25, _____ were to be given citizenship. (DSSSB JE & Section Officer 2022)
A. 1954 B. 1971 C. 1981 D. 1966
Answers: 1-D, 2-B, 3-C, 4-D, 5-B, 6-B
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Source: The Indian Express
