Overseas Citizenship of India (OCI) and Persons of Indian Origin (PIO) Cardholders

At a Glance

• What it is A status created by the Citizenship Act, 1955 for persons of Indian origin abroad; it is not citizenship
• Origin L.M. Singhvi High Level Committee on the Indian Diaspora (report January 2002)
• Amendments 2003 (16 countries), 2005 (all countries except Pakistan and Bangladesh), 2015 (OCI Cardholder scheme)
• PIO scheme Introduced 19 August 2002; OCI scheme from 2 December 2005; PIO rescinded on 9 January 2015
• Not entitled to Vote, public employment, election as President or Vice-President, and seats in legislatures
• Exam link UPSC Prelims, Polity: Citizenship

Where Does It Fit?

Article 8 dealt with overseas Indians at the commencement. This topic describes the modern scheme for the Indian diaspora. It rests on the Citizenship Act, 1955, and is distinct from citizenship because Article 9 forbids dual citizenship.

How Did the Scheme Arise?

In September 2000 the Ministry of External Affairs set up a High Level Committee on the Indian Diaspora under L.M. Singhvi, to study the global Indian diaspora and recommend measures for a constructive relationship with them. The committee submitted its report in January 2002 and recommended an amendment to the Citizenship Act to provide for dual citizenship for persons of Indian origin of certain specified countries.

• 2003: The Citizenship (Amendment) Act, 2003 provided for Overseas Citizenship of India for persons of Indian origin of 16 specified countries other than Pakistan and Bangladesh, and omitted the provisions on Commonwealth citizenship.
• 2005: The Citizenship (Amendment) Act, 2005 extended OCI to persons of Indian origin of all countries except Pakistan and Bangladesh, as long as their home countries allow dual citizenship under their local laws.
• 2015: The Citizenship (Amendment) Act, 2015 introduced the Overseas Citizen of India Cardholder scheme by merging the PIO card scheme and the OCI card scheme.

The PIO card scheme was introduced on 19 August 2002 and the OCI card scheme with effect from 2 December 2005. Both ran in parallel, although OCI had become more popular, which caused confusion. The PIO scheme was rescinded with effect from 9 January 2015, and all existing PIO cardholders were deemed to be OCI cardholders from that date.

The OCI is not actually dual citizenship, as the Indian Constitution forbids dual citizenship or dual nationality under Article 9.

Who Is an NRI, a PIO and an OCI Cardholder?

Who Can Be Registered as an OCI Cardholder?

The Central Government may register as an OCI Cardholder any person of full age and capacity who is a citizen of another country but was a citizen of India at or after the commencement of the Constitution, or was eligible to become one at that time, or belonged to a territory that became part of India after 15 August 1947, or is a child, grandchild or great-grandchild of such a person. It may also register a minor child of such persons, a minor child whose parents are citizens of India or one of whom is, and the spouse of foreign origin of a citizen of India or of an OCI Cardholder whose marriage has been registered and has subsisted for not less than two continuous years before the application. A person, or whose parents, grandparents or great-grandparents were citizens of Pakistan, Bangladesh or any other country specified by the Central Government, is not eligible.

What Rights Does an OCI Cardholder Not Have?

An OCI Cardholder is entitled to the rights the Central Government specifies, but not to the following rights of a citizen.

• Equality of opportunity in public employment (Article 16).
• Election as President (Article 58) or Vice-President (Article 66).
• Appointment as a judge of the Supreme Court (Article 124) or a High Court (Article 217).
• Registration as a voter.
• Membership of the Lok Sabha, Rajya Sabha, or a state legislative assembly or council.
• Appointment to public services and posts of the Union or a state, except those the Central Government specifies.

How Is OCI Renounced or Cancelled?

An OCI Cardholder can renounce the status by a declaration, and the spouse of foreign origin and minor children also cease to be OCI Cardholders. The Central Government may cancel the registration if it was obtained by fraud, false representation or concealment of a material fact; if the cardholder has shown disaffection towards the Constitution; has unlawfully traded or communicated with an enemy during a war; has within five years of registration been sentenced to imprisonment for not less than two years; has violated the Citizenship Act or another specified law (added by the 2019 Act); or if it is necessary in the interests of sovereignty and integrity, security, friendly relations with a foreign country or the general public; or if the marriage has been dissolved or the cardholder has married another person during its subsistence. The cardholder must be given a reasonable opportunity of being heard before cancellation.

Why Is This Topic Important?

• Diaspora policy It is the basis of the relationship between India and its diaspora
• Direct Prelims material Which years, which countries, what rights and what exclusions can be asked directly

What Came Next?

The next topic describes the Citizenship (Amendment) Act, 2019.

Key People and Terms

• L.M. Singhvi Committee High Level Committee on the Indian Diaspora; report January 2002
• OCI Cardholder A registered person of Indian origin abroad; not a citizen
• PIO card Rescinded on 9 January 2015
• NRI An Indian citizen residing abroad with an Indian passport

Exam Corner

Mains Angle

Questions ask how India has engaged its diaspora without dual citizenship. Use these points to add depth.

• Engagement without dual citizenship OCI preserves the Article 9 bar while giving benefits
• One card, not two The 2015 merger removed confusion between PIO and OCI
• Political rights excluded No vote, no election, no public employment
• Safeguards in cancellation A reasonable opportunity of being heard before cancellation