The Overseas Citizen of India card is often mistaken for dual citizenship for an individual. But the reality is it isnt. The indian government doesn’t allow dual citizenship, and the OCI is a lifelong document for foreign nationals of Indian origin and their spouses. It gives multiple-entry, visa-free travel and the right to live and work in the country but no rights to participate in any political matters. Holders also get parity with NRIs in most financial and educational matters. In this context, Pakistani and Bangladeshi nationals are not eligible.
While the card comes with its benefits- an OCI holder cannot vote, contest elections, hold constitutional posts or buy agricultural land. Journalism and missionary work also need special permission. As one legal expert put it, the card does not give the same constitutional rights that Indian citizens enjoy.
The government’s authority over the card comes from the Citizenship Act. Under Section 7D, registration can be cancelled if the holder breaks Indian laws, acts against the interests of the people, or threatens national security. Cancellation is a separate legal process, and it requires giving the holder a chance to be heard.
Courts have not always sided with the Centre. In 2023 the Delhi High Court quashed the cancellation of Swedish academic Ashok Swain’s card, observing that the order repeated the section like a mantra without giving any reasons.
That tension is back in the news with actor Imran Khan, nephew of Aamir Khan. He holds US citizenship and an OCI card. After he joined an October 10 protest in Mumbai against Chief Election Commissioner Gyanesh Kumar, he was reportedly asked to leave India by October 28. Reports say the move followed a complaint by BJP leader Kirit Somaiya, who questioned whether a foreign citizen could take part in a political protest.
The notice has been issued by the Foreigners Regional Registration Office in Mumbai. Deputy Commissioner of Police, Special Branch 2 is the designated Foreigners Regional Registration Officer
There is a catch, though. The reported notice does not by itself mean Khan has lost his OCI status. A direction to leave and a formal cancellation are two different things.
So the real question is where “political activity” begins for an OCI holder. The law is not very specific on this, and each case ends up being judged on its own facts. Khan’s case could set a precedent for the millions of OCI holders who live or work in India.