Policy Update
Meyhar Kaur Walia
Demarcation of citizens from non-citizens and the principles that underpin this distinction have posed major challenges before political communities, particularly so in the modern political landscape. In simple terms, citizenship is the legal status of an individual as a member of the Indian state, granting them rights and responsibilities. They are the members of the political community to which they belong and compose the state. The question of citizenship became particularly important at the time of the making of the Indian Constitution because it sought to confer certain rights and privileges upon those entitled to Indian citizenship while they were to be denied to non-citizens.
The Overseas Citizenship of India (OCI) Scheme was introduced through an amendment to the Citizenship Act, 1955 in August 2005. OCI is an immigration status authorising a foreign citizen of Indian origin to live and work in India indefinitely. However, it does not grant the same rights and privileges as those of Indian citizens. The Indian Constitution does not provide for dual citizenship, i.e. holding citizenship of two or more countries at the same time. Therefore, OCI acts as an alternative for many foreign citizens of Indian origin.
The terms NRI (Non-Resident Indian), PIO (Person of Indian Origin), and OCI (Overseas Citizen of India) refer to different categories of individuals of Indian descent living abroad, each with a different legal meaning. An NRI refers to a citizen of India who resides outside the country for employment, business, or other reasons for more than 182 days in a financial year. PIO refers to a foreign national with ancestral ties to India. OCI is a special status granted to foreign citizens of Indian origin. While NRIs are Indian citizens living abroad, PIOs and OCIs are foreign nationals of Indian origin. The OCI and PIO schemes were later merged and together, NRIs, PIOs, and OCIs constitute the Indian diaspora.
Person of Indian Origin (PIO) Scheme:
The Government of India for the convenience of persons of Indian origin launched the ‘PIO Card’ scheme in 1999 and was revised with the PIO Card Scheme of 2002. “Persons of Indian Origin” means a foreign citizen not being a citizen of Pakistan, Bangladesh, and other countries as may be specified by the Central Government from time to time if,
i) a person has held an Indian passport at any time; or
ii) he/she or either of his/her parents or grandparents or great grandparents was born in and permanently resided in India as defined in the Government of India Act, 1935 and other territories that became part of India thereafter.
iii) he/she is a spouse of a citizen of India or a person of Indian origin as mentioned above.
The PIO card offers several benefits. Cardholders are exempt from the requirement of a visa for visiting India. However, if their stay exceeds 180 days, they need to get themselves registered with the concerned Foreigners Regional Registration Officer within 30 days. PIO cardholders are granted parity with NRIs (Non-Resident Indians) with respect to facilities in economic, financial, and educational fields. The Person of Indian Origin Card Scheme has been withdrawn by the Government of India and has been merged with the Overseas Citizen of India Card Scheme effective from 9 January 2015.
Legal Framework of OCI:
The Citizenship (Amendment) Act, 2015 was passed, substituting the words, “Overseas Citizen of India” with the words “Overseas Citizen of India Cardholder” and enabling provisions for registration of OCI cardholders, conferment of certain rights of such citizens, renunciation of overseas citizenship and cancellation of registration as OCI cardholder. The act provides a merger of Overseas Citizens of India and Persons of Indian Origin schemes. Section 7A of the Citizenship Act, 1955 further clarified the registration process for OCI cardholders. Persons of Indian Origin of certain categories who migrated from India and acquired citizenship of a foreign country, other than Pakistan and Bangladesh, are eligible to be granted an OCI on an application made in this behalf to the Central government as long as their home country allows dual citizenship in some form or the other under their local laws.
The eligibility criteria for acquiring an OCI is a foreign national,
i) who was a citizen of India at the time of, or at any time after 26th January 1950; or
ii) who was eligible to become a citizen of India on 26 January 1950; or
iii) who belonged to a territory that became a part of India after 15 August 1947; or
iv) who is a child or a grandchild or great-grandchild of such a citizen; or
v) who is a minor child of such person highlighted above; or
vi) who is a minor child and whose both parents are citizens of India or one of the parents is a citizen of India- is eligible for registration as an OCI cardholder.
An Overseas Citizen of India is entitled to some benefits, such as Section 7B of the Citizenship Act grants a multi-purpose, multiple-entries and a lifelong visa to visit India. OCI holders are also exempt from foreign registration requirements for any length of stay and parity with NRIs in aspects of economic, financial, and educational. However, an OCI cardholder is not entitled to political rights such as the right to vote, hold employment in the government, hold Indian constitutional posts, or be a member of the legislative assembly, legislative council, or the Parliament of India.
Many countries, like India, do not provide the provision of dual citizenship, such as China, Japan, Saudi Arabia, Vietnam and the UAE. While these countries do not have a provision similar to that of India’s OCI cardholder, they still maintain strong connections with their diaspora by promoting their culture in other countries.
Emerging Challenges:
The Standing Committee on External Affairs presented its report on ‘Welfare of Indian Diaspora: Policies/Schemes’ on 3 August 2022. Key observations of the committee include:
- Database on Indian diaspora: The Committee observed that the Ministry of External Affairs does not have comprehensive data on the Indian diaspora, as registration with Indian embassies is voluntary. This leads to the ineffectiveness of welfare schemes that may be implemented.
- Portals for grievance redressal: The existence of multiple grievance redressal portals, such as e-Migrate, and the Centralised Public Grievance Redressal and Monitoring System (CPGRAMS) may lead to delay and duplication in resolving issues. While CPGRAMS is effective for interacting with state governments and the district police, it is not well-known overseas.
The complexities surrounding property ownership, the inability to vote, and limited access to certain government services intensify the disconnect between OCIs and India. OCIs contribute immensely to India through remittances, investments, skill transfer, cultural diplomacy, etc. Addressing their grievances could further enhance their engagement. In the financial year 2023-24, Indians residing abroad sent 107 billion dollars in remittances to their families in India, according to a report by The Economic Times.
Statistics:
- In 2023, over 170 thousand Overseas Citizen of India (OCI) cards were issued in India. The number of cards issued was over 300 thousand in the years post-2015, with the exception in the year 2020.
- In 2023, over 216 thousand Indians renounced their citizenship and most of them became citizens of the United States of America, the United Kingdom, Australia and Canada.
- As of 2024, over 35 million Indians were living across the world, with over 15 million were Non-Resident Indians (NRIs) and the rest were Persons of Indian Origin (PIO).
Recent Developments:
A person who has applied for OCI registration before attaining the age of 20 years will only have to get the card re-issued once after receiving a new passport once they turn 20, to update their facial features. If the registration of OCI was obtained after 20 years of age, there will be no requirement of re-issuing the card. Previously, the OCI card needed to be re-issued every time a new passport was issued up to the age of 20 and once after 50 years of age.
The Citizenship Amendment Act of 2019 provides that the Central government may cancel the registration of OCIs on various grounds, including fraud in obtaining registration, showing disaffection towards the Constitution, engaging in hostilities against India during war, necessity in the interest of sovereignty of India, security of the state or public interest, or if the OCI card holder has been sentenced to prison for two or more years within five years of registration.
The Government of India has increased the eligibility requirements for the OCI card from the fourth generation to the sixth generation of those original Indian immigrants who arrived in Suriname from Indian territories, as President Shree Draupadi Murmu recognized that the OCI card is seen as an essential link in the 150-year old relationship of Suriname with India. The Government has also extended the criteria for OCI cards up to the seventh generation of people of Indian origin in Mauritius.
Conclusion:
The Pravasi Bharatiya Divas (PBD) is celebrated on 9th January every year to honour the contributions made by the Overseas Indian community to Indian development. In recognition of the 18th Pravasi Bharatiya Divas convention in Odisha, Prime Minister Shri Narendra Modi inaugurated the Pravasi Bharatiya Express, which is a special tourist train for the Indian diaspora, departing from Nizamuddin Railway Station in Delhi to explore key tourist sites in India over three weeks.
The Ministry of External Affairs also runs programs, including the Know India Programme (KIP) and the Study in India Programme (SIP), in order to strengthen the cultural, educational, and social ties between India and the global community. As the Indian diaspora continues to grow, the policies that govern OCI status and benefits will continue to be an important vehicle in conserving and upholding the significance of Indian citizenship.
References:
Ministry of External Affairs, Government of India. (n.d.). OCI Services. Ministry of External Affairs. https://ociservices.gov.in/#:~:text=A%20foreign%20national%2C%20%2D%20(i,or%20a%20grandchild%20or%20a
PRS India. (n.d.). The Citizenship Amendment Bill, 2015. PRS India. https://prsindia.org/billtrack/the-citizenship-amendment-bill-2015
PRS India. (n.d.). Welfare of Indian diaspora: Policies and schemes. PRS India. https://prsindia.org/policy/report-summaries/welfare-of-indian-diaspora-policies-and-schemes
Ministry of External Affairs, Government of India. (n.d.). OCI & PIO Card. Ministry of External Affairs. https://www.eoilima.gov.in/page/oci-pio-card/
Press Information Bureau. (2023, March 19). Press Release. Press Information Bureau. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1712082
PRS India. (n.d.). The Citizenship Amendment Bill, 2019. PRS India. https://prsindia.org/billtrack/the-citizenship-amendment-bill-2019
Statista. (2023, March 28). Number of OCI cards issued in India. Statista. https://www.statista.com/statistics/1477442/india-number-of-oci-cards-issued/
Nayak, G. (2024, June 26). Indian diaspora sends home over $100 billion for second year in a row. The Economic Times. https://economictimes.indiatimes.com/nri/invest/indian-diaspora-sends-home-over-100-billion-for-second-year-in-a-row/articleshow/111265364.cms?from=mdr
Statista. (2025, March 21). Number of overseas Indians 2024, by type. https://www.statista.com/statistics/1475343/india-number-of-overseas-indians-by-type/
About the Contributor: Meyhar Kaur Walia is a Research Intern at IMPRI and is pursuing her undergraduate degree in Political Science from Delhi University.
Acknowledgement: The author expresses sincere gratitude to all those who provided guidance, with special thanks to Dr Arjun Kumar and Ma’am Aasthaba Jadeja.
Disclaimer: All views expressed in the article belong solely to the author and not necessarily to the organisation.
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