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The Ministry of Home Affairs has announced new rules for overseas citizens of India that may impact their future registration or cancellation.

Background

The Overseas Citizens of India (OCI) Scheme was launched in 2005 by the Ministry of Home Affairs (MHA) to strengthen India’s engagement with its diaspora. It provides certain residency, travel, and economic benefits to foreign nationals of Indian origin, while keeping intact India’s constitutional restrictions on dual citizenship.

Key Features of OCI

• Eligibility:
  • Persons who were citizens of India on or after 26 January 1950, or their children/grandchildren/great-grandchildren.
  • Excludes individuals who have ever been citizens of Pakistan or Bangladesh, and their descendants.
• Benefits:
  • Visa-free travel: Lifelong, multiple-entry, multi-purpose visa to India.
  • Economic & Educational Rights: Can pursue education, invest in India, and purchase property (except agricultural/plantation land).
  • Ease of Residency: Long-term residency without repeated visa applications.
• Restrictions:
  • No political rights (cannot vote, contest elections, or hold constitutional posts).
  • No ownership of agricultural or plantation land.

New Rules Notified by MHA (2025)

The government has tightened the regulatory framework around OCI registration by amending rules under the Citizenship Act, 1955 (Section 7D).

Fresh Grounds for Cancellation

• Conviction-based: If an OCI cardholder is sentenced to imprisonment for two years or more.
• Charge-sheet-based: If charge-sheeted for an offence punishable with seven years or more.
• Applicability: These provisions apply irrespective of where the conviction or charge-sheet occurs (India or abroad), provided the offence is recognised under Indian law.

Existing Grounds (already under law)

An OCI card can also be cancelled if the person:

• Obtained registration through fraud, misrepresentation, or concealment of facts.
• Has shown disaffection towards the Indian Constitution.
• Has engaged in unlawful trade or communication with an enemy during war.
• Acts against the sovereignty, integrity, security of India, or its friendly relations with other countries/public interest.
• Within five years of registration, is sentenced to imprisonment for two years or more.

Significance of the Amendment

• Strengthens legal accountability of OCI cardholders.
• Ensures parity of standards between domestic and overseas citizens regarding serious offences.
• Reinforces national security and constitutional safeguards while maintaining diaspora ties.