Context
Actor and Overseas Citizen of India (OCI) cardholder Imran Khan was directed to leave India for allegedly participating in political protests. The incident has raised concerns over the government’s powers to restrict OCI privileges and order foreign nationals to leave India.
Explanation
- The Overseas Citizenship of India (OCI) scheme was introduced in 2005 through amendments to the Citizenship Act, 1955, for eligible persons of Indian origin.
- OCI cardholders are foreign nationals, not Indian citizens, but enjoy lifelong multiple-entry visas and certain economic, educational and professional privileges.
- They cannot vote, contest elections, hold constitutional offices or exercise political rights reserved for Indian citizens.
- Under Section 7D of the Citizenship Act, 1955, the government can cancel OCI registration on specified grounds, including national security concerns and violations of applicable laws.
- The Immigration and Foreigners Act, 2025, empowers the government to regulate foreigners’ entry, stay and departure from India.
- Section 29 authorises removal of foreigners, including on specified security grounds, while Section 7 provides powers to restrict their activities and movements.
- Unlike citizens, OCI cardholders cannot claim Article 19 freedoms, but remain protected by Article 14 (equality before law) and Article 21 (life and personal liberty).
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