OCI is a significant statistical Initiative that has the foreign Indians acquainted with India. This program was initiated by the Government of India in 2005 for promoting their self-identity with that of India & people of India in other nations. These compulsory documents offer a number of perks that help the OCI to keep closer relations with their homeland, culturally, economically, and socially.
India possesses one of the largest Diasporas, with millions of Indians residing abroad. Precisely, the formulation of a program like the OCI was necessitated by the understanding that the Indian community is a vital link in the projection of India overseas. Before the OCI scheme, few problems that most NRIs and PIOs encountered included visa restraints and restricted property ownership in India.In reply to it the Government of India launched Overseas Citizen of India initiative to give long term visa and other facilities to foreigners of Indian origin. The OCI card is similar to the permanent residency, since it enables the holder to live, work and study in India without having to get a renewed visa frequently.
Eligibility Criteria
- Indian Origin: The candidates must, at least, be of Indian origin that is, have been a citizen of India to apply or that their parents or grandparents were citizens of India.
- Foreign Citizenship: Must be a citizen of other nation at time of application.
- Exceptions: There are some exceptions, and these include citizens of Pakistan, and Bangladesh are barred from the OCI card.
Benefits of the OCI Card
- Multiple Entry, Lifelong Visa: This type of visa gives to all OCI cardholders is a multiple entry visa that has a validity of the cardholder’s lifetime, eliminating the need for separate visas to enter and exit India.
- Equal Treatment: The OCI card holders are given same treatment as that of NRIs with respect to economic and financial activities as well as in the sphere of education. They can even open bank accounts, buy properties, and can fill different financial products forms.
- Employment Rights: OCI cardholders unlike the other foreign citizens can get employed in India without the employment visa hence can engage in employment within the country.
- Educational Opportunities: The OCI cardholders are allowed to seek admission in various educational institutions in India, as a part of general category so that maximum number of them can get good education, and get a chance to undertake researches.
- Property Ownership: By holding OCI card, they can purchase and transfer immovable property in India with the exception of agricultural land and land comprised of plantation.
- Financial Benefits: They can operate other banks account as non-resident Indians, invest into mutual funds & Govt. securities & avail loan facilities like NRI.
Restrictions and Limitations
Notwithstanding the myriad advantages, OCI cardholders face specific restrictions and limitations:
- Political Rights: OCI cardholders can never have the right to vote in the election, be a member of the Indian parliament or state legislatures or even be a member of the Indian Armed Force.
- Agricultural Property: Currently, OCI cardholders are prohibited from buying agricultural land or plantations, something that is quite disadvantageous to anybody wishing to invest in agriculture.
- Special Permissions: As for the activities in India such as mountaineering, research work and any missionary work the OCI card holders require special permission of the Government of India.
Impact on Indian Diaspora
The OCI scheme has often changed the way India deals with its diaspora community. In this regard, the scheme has outlined legal mechanisms for a long-term partnership and thereby increasing the flow of economic and cultural relations. OCI cardholders have contributed to India’s development in various ways:
- Remittances: India has one of the largest groups of referrals and Overseas Indian is potential huge source of remittances at around billions of dollars annually. OCI Initiative makes financial transactions and investment by the diaspora a lot easier.
- Skill and Knowledge Transfer: Diverse OCI cardholders bring varying traits, knowledge, and skills to the country, making substantial contributions through employment in sectors such as IT, healthcare, education, and numerous research fields.
- Cultural Exchange: OCI scheme facilitates cultural integration to celebrate India’s cultural values, tradition, festivals and other social activities wherein diaspora members enjoy their rights.
- Business and Trade: OCI card holders have established enterprises as well as industries in India thus fuels employment and manufacture and trade marketplace.
Future Prospects
OCI scheme remains dynamic and indistinct, what Scheme Indian government looks to further advance and improve some drawbacks. Future prospects for the OCI scheme include:
- Digital Integration: Using technology in its application, delivery of services, and generally improve on the experiences of people with OCI card.
- Policy Reforms: Examining/losing some of the restrictions for OCI card holders, including the right to vote and right to green property.
- Strengthening Engagement: Improving various schemes and activities aimed at increasing the connection between the Indian diaspora and India in terms of community, investment and experience sharing.
Non-Resident Indians (NRIs)
Definition: An NRI is defined as a person of Indian origin but resides outside India for employment, education, or what so ever which has the notion of an Indian in a foreign land. Classified by:
- FEMA 1999
- Income tax Act 1961
Rights and Privileges:
- Financial Rights: NRIs are allowed to keep personal bank account in India, invest on securities in India for their residential or business purpose and acquire immovable properties. They can also transfer other funds to their country of residence.
- Political Rights: NRIs still hold Indian citizenship and therefore they enjoy the right to franchise that is voting in Indian elections. But they have to be physically present in their constituency during the voting exercise.
- Taxation: NRIs are liable to pay Indian taxes on income earned in India; however, on the other income, they are taxed as per their residential status.
Person of Indian Origin (PIOs)
Definition: The PIO card was formulated for the foreign born Indian nationals earlier than the OCI Initiative was formulated. This has been now combined with IOC.
Rights and Privileges: (During it active effect)
- Visa-Free Travel: For up to 15 year they can travel visa free.
- Economic Rights: As was the case with OCIs, PIO card holders could carry out business and own immovable assets in India and is not permitted to purchase agricultural land.
- Educational Rights: Under this scheme PIO cardholders were also entitled for availing education at cost same as of resident Indians.
Types of Citizenship in India
Some of the legal attributes of individuals, that define their citizenship status on a particular territory, characterize rights, privileges, or duties that are related to citizenship. The Indian citizenship is regulated and defined by the Constitution as well as other laws in the country that give a framework within which people acquire, lose, or even gain citizenship of India.
Constitutional Provisions
The law of citizenship of India is mainly contained in Part II, which ranges from articles 5 to 11 of the Indian constitution. These articles prescribe the citizenship status of people at the inception of the Constitution (January 26, 1950) and entitled Parliament, to make provisions as to the acquisition and loss of citizenship.
Types of Citizenship
India recognizes several types of citizenship, determined by different legal provisions:
1. Citizenship by Birth: The Citizenship Act of 1955 states that citizenship by birth is only given to those people who were born in India. The provisions have evolved over time, reflecting changes in the country’s demographic and political landscape:
- Before July 1, 1987: A person born in India after January 26, 1950, and before July 1, 1987, is automatically a citizen of India, whether or not both of his or her parents, or one of them, were citizens of India at the time of his or her birth.
- Between 01/07/1987, and 03/12/2004: If either of the parents of a person born in India during this period, then that person is considered a citizen.
- After December 3, 2004: This is granted if both the parents were Indian citizens at the time of the person's birth; or if one parent was an Indian citizen and the other was not an illegal immigrant at the time of the person's birth.
Citizenship by Descent
The Citizenship by descent means citizenship is provided to those persons who are born outside India but their parent or grandparent is an Indian citizen. The conditions are as follows:
- Before December 10, 1992: The person, who was born in a foreign state between January 26, 1950 to December 10, 1992, is given citizenship if the father was born a citizen of India.
- After December 10, 1992: Those persons who are born in other countries can get the citizenship of India if the either parent is a citizen of India by birth.
- After December 3, 2004: To claim citizenship, such persons have to register their birth from an Indian Consulate within one year or, with the permission of the Central Government, after expiration of the said period.
Citizenship by Registration
Criteria:
- Persons of India origin who have lived in India for not less than 7 years.
- People of Indian origin living in any country other than Undivided India.
- The female non-resident Indian spouses.
- Minor children of Indian persons.
- Those individuals of full age and capacity whose parents are actually enrolled citizens of India.
The application for registration is made under the fulfilling of certain conditions that the applicant has to tender an oath of allegiance to the constitution of India.
Citizenship by Naturalization
Citizenship by naturalization is conferred to an alien who has continuously resided in India and other condition that need to be met as per the citizenship act. The main conditions include:
- The applicant must have spent the last 11 years of their life in India, with a year spent there prior to the application date in order to be eligible.
- The applicant has to meet the character test together with having adequate knowledge of a language listed in the Eighth Schedule to the Constitution of India.
- The applicant must have the intention to live in India or join or continue in service under a Government in India, or in any society, company or body corporate established in India.
- An application is to be filed, proof of residence, passing of language and knowledge test, and finally the swearing in the Constitution of India.
Loss of Citizenship
The Citizenship Act also outlines the provisions for the loss of Indian citizenship under three categories:
- Renunciation: Any person who is an Indian citizen can give up his citizenship in such a manner as may be prescribed. The moment someone makes this declaration, the person loses their Indian citizenship.
- Termination: The citizenship is also lost by operation of law if the individual obtains the citizenship of another country of his own free volition.
- Deprivation: The Government of India can take away someone’s citizenship if he or she has obtained it through fraud, if he or she has behaved disloyally towards the Constitution, if he or she has engaged in unlawful dealings with the enemy in wartime.