Context:
The Ministry of External Affairs (MEA) has recently clarified rumors regarding additional restrictions on OCI cardholders, emphasizing that there are no new limitations being imposed.
Who is an OCI?
An Overseas Citizen of India (OCI) is a foreign national who holds a passport from another country and is not an Indian citizen. Consequently, OCI cardholders do not enjoy the same rights as Indian citizens.
- The OCI scheme was introduced through an amendment to the Citizenship Act of 1955 in 2005. The Person of Indian Origin (PIO) category was merged into the OCI category in 2015.
- As of 2023, there are 4.5 million registered OCI cardholders, with the highest numbers from the USA, followed by the UK, Australia, and Canada.
Eligibility Criteria:
A foreign national can apply for an OCI if they meet the following conditions:
- They were a citizen of India on January 26, 1950, or were eligible to become a citizen on that date.
- They belong to a territory that became part of India after August 15, 1947.
- They are a child, grandchild, or great-grandchild of such a citizen.
- They are a minor child of individuals mentioned above.
- The spouse of an Indian citizen or the spouse of an OCI cardholder, provided their marriage has been registered and has lasted for at least two years before the application is submitted.
Exclusions:
Certain individuals are not eligible for OCI status:
- Applicants whose parents or grandparents were citizens of Pakistan or Bangladesh.
- Foreign military personnel, whether active duty or retired.
Benefits of OCI Cardholders:
OCI cardholders enjoy several privileges, including:
- Multiple Entry Visa: They receive lifelong visas for multiple entries and various purposes when visiting India.
- Registration Exemption: They are exempt from registering with the Foreign Regional Registration Officer (FRRO) or Foreign Registration Officer (FRO), regardless of their length of stay in India.
- Adoption and Professional Parity: They have equal rights with Non-Resident Indians (NRIs) regarding the inter-country adoption of Indian children, domestic airfares, and the ability to practice professions such as medicine, law, accounting, and architecture.
- Education: They can participate in all-India entrance examinations, such as NEET.
- Entry Fees: They are treated equally to domestic Indian visitors regarding entry fees for national parks and wildlife sanctuaries.
Limitations for OCI Cardholders:
OCI cardholders do not have the following rights:
- Voting rights.
- Membership in the Legislative Assembly, Legislative Council, or Parliament.
- Holding constitutional positions such as President, Vice President, or Judge of the Supreme Court/High Court.
- Appointment to public services or positions related to the affairs of the Union or State.
- Acquisition of agricultural land, farmhouses, or plantation properties in India.
Recent Rules Regarding OCIs:
In a 2021 notification, new restrictions were outlined for OCI cardholders, which include:
- The requirement for OCI cardholders to obtain a special permit for conducting any research, engaging in missionary, Tablighi, or journalistic activities, or visiting areas in India designated as protected, restricted, or prohibited.
- OCI cardholders are now classified at par with foreign nationals in various economic, financial, and educational fields under the Foreign Exchange Management Act (FEMA), differing from the previous treatment where they were equated to NRIs.