The action has brought the rights and restrictions governing OCI cardholders, particularly their participation in political activities, into focus. Actor Imran Khan, who was claimed to be an American citizen and Overseas Citizen of India (OCI) cardholder, has been asked to leave India by October 28 after participating in a protest demanding the resignation of chief election commissioner Gyanesh Kumar in Mumbai.
But what does an OCI card allow its holder to do in India? Can an OCI cardholder participate in a political protest, and can the government order them to leave the country?
Certain activities, however, require special permission from the competent authorities. OCI cardholders enjoy several privileges, including the right to visit India multiple times without applying for a fresh visa for each visit. They also receive specified benefits and parity with Non-Resident Indians (NRIs) in certain economic, financial and educational matters, subject to applicable laws and government notifications. However, OCI status does not confer political rights reserved for Indian citizens. Cardholders cannot vote in Indian elections, contest elections to Parliament or state legislatures, or hold certain constitutional positions, including those of the President and Vice-President of India. They are also generally ineligible for government employment, subject to specified exceptions. The government may also cancel OCI registration if it considers this necessary in the interests of India’s sovereignty and integrity, security, friendly relations with foreign countries or the general public.
Imran Khan was among those detained during the October 10 protest at August Kranti Maidan, where demonstrators demanded Gyanesh Kumar’s resignation over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
An OCI cardholder is generally entitled to a lifelong, multiple-entry visa to visit India and is exempt from registration with the FRRO or Foreigners Registration Office (FRO) for any length of stay, according to the Ministry of External Affairs (MEA). These include obtaining registration through fraud, false representation or concealment of a material fact; showing disaffection towards the Constitution of India as established by law; certain conduct involving an enemy during a war in which India is engaged; and a qualifying prison sentence imposed within five years of registration, according to the MEA.
