Rights and restrictions applicable to Overseas Citizens of India (OCI) cardholders

Why in News?

Actor Imran Khan, a U.S. citizen and Overseas Citizen of India (OCI) cardholder, was reportedly asked to leave India by October 28 after participating in a protest against Chief Election Commissioner Gyanesh Kumar in Mumbai. The Foreigners Regional Registration Office (FRRO) issued the notice following a complaint alleging a violation of the law.

The notice reportedly invokes Sections 7(2)(c) and 29 of the Immigration and Foreigners Act, 2025.

About the OCI Scheme

The Overseas Citizenship of India (OCI) Scheme was introduced through an amendment to the Citizenship Act, 1955, in August 2005.

It provides for registration of eligible persons of Indian origin who were citizens of India on or after 26 January 1950, or who were eligible to become Indian citizens on that date, subject to prescribed conditions. People who are or have been citizens of Pakistan, Bangladesh, or other countries specified by the Central Government are excluded.

Is OCI Equivalent to Dual Citizenship?

No. OCI is not dual citizenship. An OCI cardholder remains a foreign national and holds the passport of another country; the OCI card does not confer Indian citizenship. 

Rights and Limitations of OCI Cardholders

Rights and benefits

• Lifelong visa: Multiple-entry, lifelong visa to visit India, subject to applicable rules and restrictions.
• Registration exemption: Exemption from registration with the FRRO/FRO for any length of stay, subject to applicable conditions.
• Economic and educational facilities: General parity with Non-Resident Indians (NRIs) in specified economic, financial and educational matters.
• Property restrictions: OCI cardholders cannot acquire agricultural land, farmhouses or plantation properties under the applicable rules.

Limitations

• No voting rights: OCI cardholders cannot vote in Indian elections.
• No elected legislative membership: They cannot become members of Parliament or State Legislative Assemblies or Legislative Councils.
• No specified constitutional offices: They cannot hold positions such as President, Vice-President, or judge of the Supreme Court or a High Court.
• Public employment: They are not entitled to the same constitutional equality of opportunity in public employment under Article 16 as Indian citizens, subject to applicable exceptions.

Relevant Legal Framework

The Citizenship Act, 1955, provides the legal framework for OCI registration and associated rights and restrictions. The Immigration and Foreigners Act, 2025, which came into force on 1 September 2025, governs matters relating to foreigners, including immigration and removal from India. Section 29 of the Act deals with the power of removal.

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