Rights of Non-Resident Indians and Overseas Citizens of India, under the Indian Law

Difference between Non-Resident Indian and Overseas Citizen of India

These two terms are not similar in their meanings, an Indian Citizen living abroad is a Non-resident Indian (NRI) whereas the Overseas Citizen of India (OCI) is a person who is a Citizen of a foreign country but holding a card by registering as an Overseas Citizen of India under section 7A of the Citizenship Act, 1955. 

No Dual Citizenship for OCI cardholders

No dual Citizenship is permitted, as per the provisions of the Constitution of India, 1950 there is no scope for dual nationality, and Article 9 of the Constitution provides that no person shall be a citizen of India, if he has voluntarily acquired the citizenship of any foreign State.

Rights of NRIs and OCI cardholders

Under the Indian Law, the rights of NRIs are not restricted and they are treated at par with other Indian Citizens whereas under section 7-B of the Citizenship Act, 1955 the OCI card-holders are entitled to such rights which have been specified by the Government of India by way of notifications in the official gazette, the following rights are not available to OCI card-holders which are available to Indian Citizens:

• No equality of opportunity in matters of public employment;
• No right for election as President or Vice-President of India;
• No right for appointment as a Judge of the Supreme Court  or High Court;
• No right to vote 
• No right to contest election 
• No right for appointment to public services and posts in connection with the affairs of the Union or of any State except for appointment in such services and posts as the Central Government may, by special order in that behalf specify.

There are certain Notification issued by the Government of India under section 7B of the Act, which further provides some benefits and limitations for Overseas Citizens of India, vide Notification dated 06 January, 2009, the Overseas Citizen of India can claim Parity with non-resident Indian in respect of;

Entry fee to be charged for visiting the national monuments, historical sites and museums in India,

Pursuing the professions of Doctors, Dentists, Nurses, Pharmacists, Advocates and Chartered Accountants in India 

Further, as per notification dated 06 January, 2007, the Overseas Citizen of India; shall be treated at par with the Non-Resident Indians in the matter of;

• inter-country adoption of Indian Children, 
• tariffs in air fares in domestic sectors in India and shall be charged the same entry fee as domestic Indian visitors to visit National Parks and wildlife sanctuaries’ in India.

Lifelong visa to OCI and right to property

The Overseas Citizen of India, in view of notification dated 11 April, 2005, can enjoy the right to multiple entry lifelong visa for visiting India for any purpose, and exempted from registration with Foreign Regional Registration Officer or Foreign Registration Officer for any length of stay in India, have parity with Non-Resident Indians, in respect of all facilities available to them in economic, financial and educational fields except in matters  relating to the acquisition of agricultural or plantation properties.

Children of Overseas Citizen of India

The Children of the Overseas Citizen of India can also be registered as Overseas Citizen of India or they can also acquire Indian Citizenship. The children of the Overseas Citizen of India will have the same rights, limitations and restrictions as applicable to their father except in case they acquire Indian Citizenship by renouncing the Foreign Nationality, under sections 3 to 6 of the Citizenship Act,  the Indian Citizenship can be acquired by birth, descent, registration and naturalization by fulfilling certain conditions provided therein. 

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