Overseas Citizen of India (OCI) cardholder – Political Protest

Why in news?

Actor Imran Khan, a US citizen and Overseas Citizen of India (OCI) cardholder, has been asked by the Foreigners Regional Registration Office (FRRO) to leave India, days after he joined a protest in Mumbai.

• OCI – It is a permanent residency status for foreign nationals of Indian origin - lets them live, work, and study in India indefinitely, serving as an alternative to dual citizenship.
• The OCI scheme was introduced in 2005 for certain categories of foreign nationals of Indian origin.
• OCI is not dual citizenship – India does not permit dual citizenship, and an OCI remains a foreign national holding the passport of another country.
• Key Benefits – The status nevertheless gives privileges unavailable to ordinary foreign nationals, most importantly a
  • Multiple-entry lifelong visa and
  • Exemption from registration with the foreigners regional registration office (FRRO) irrespective of the duration of stay.
  • Receive parity with indian citizens or NRIs in certain areas, including some property, educational and professional rights.

• Activities requiring prior permission – OCI cardholders are required to obtain special permission before undertaking
  • Research;
  • Missionary or tabligh work;
  • Mountaineering;
  • Journalistic activity;
  • Certain employment or internships in foreign diplomatic establishments; or
  • Entering protected, restricted or prohibited areas.
• Political & Constitutional restriction – OCIs also do not possess the political rights of Indian citizens.
• Under Section 7B of the Citizenship Act, they cannot vote or contest elections, and Article 19 rights — including the constitutional guarantees of freedom of speech and peaceful assembly — are guaranteed specifically to citizens.
• Can an OCI be asked to leave India for joining a protest? – The Immigration and Foreigners Act, 2025, gives the government wide powers over foreign nationals — and an OCI remains a foreign national for this purpose.
• There is no provision in the Act that expressly says that a foreign national cannot attend a political rally or demonstration.
• However, the law gives the government considerable discretion to regulate the presence, activities and conduct of foreigners in India.
• Section 7 of the Act – Empowers the Central Government to regulate or restrict the entry, departure, movement, residence, or continued presence of foreign nationals in India.
• Section 7 (c) (2) – Allows the government to direct that a foreigner “shall not remain in India or in any specified area therein.
• Section 29 – Allows the government to order the removal of a foreign national for violating provisions of the Act, related rules, orders, or on the basis of adverse security inputs.
• The significance is that the statute itself does not designate “political protest” as prohibited conduct. But it gives the executive latitude to prohibit particular categories of activity through an order or direction.

Reference

Indian Express | What powers does govt have over OCI cardholders?