Published on: July 15, 2021

OCI CARDS

OCI CARDS

Drummondville What is in news : The Delhi High Court has said that the Foreigners Regional Registration Office (FRRO) cannot insist on the physical or virtual presence of both the spouses for processing Overseas Citizenship of India (OCI) card applications for one of them.

Frankenberg About Overseas Citizenship of India

  • Who is called an Overseas Citizen of India: An Overseas Citizen of India (OCI) is a person who is technically a citizen of another country having an Indian origin. They were citizens of India on 26th January 1950 or thereafter except who is or had been a citizen of Pakistan, Bangladesh or such other country.
  • OCI card: Launched in 2005, the OCI card provides Overseas Citizenship of India to live and work in India for an indefinite period of time but does not provide the right to vote, hold constitutional offices or buy agricultural properties.
  • The registered Overseas Citizens of India are not entitled to several rights that are conferred on a citizen of India.
    • Right to equality of opportunity under article 16 of the Constitution with regard to public employment.
    • Right for election as President and Vice-President under article 58 and article 66 respectively.
    • They are not entitled to the rights under article 124 and article 217 of the Constitution.
    • Right to register as a voter under section 16 of the Representation of the People Act, 1950(43 of 1950).
    • Rights with regard to the eligibility for being a member of the State Council/Legislative Assembly/Legislative Council.
    • For an appointment to the posts of Public Services and Union Affairs of any State.
  • A person must meet the following eligibility criteria before applying for the OCI scheme:
    • He/She is a citizen of another country having an Indian origin. He/She was a citizen of India on or before the commencement of the constitution; or
    • He/She is a citizen of another country, but was eligible for the citizenship of India at the time of the commencement of the constitution; or
    • He/She is a citizen of another country and belonging to a territory that became a part of India after the 15th August 1947; or
    • He/She is a child/grandchild/great grandchild of such a citizen; or
    • He/She is a minor child, whose parents are both Indian citizens or one parent is a citizen of India and
    • is a spouse of foreign origin of an Indian citizen or of an OCI cardholder