In this article, Km Sai Apabharana pursuing Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata, discusses the recent Amendments To The Citizenship Act, 1955.
One of the major changes that were brought to The Indian Citizenship Act, 1955 (further on referred to as the “Act”) was via Citizenship (Amendment) Act, 2015 (herein after referred as the “Amendment Act”). This amendment mainly merges the Person of India (herein after referred as the “PIO”) and Overseas Citizenship of India (herein after referred “OCI”) schemes.[1] It also introduces the concept of ‘Overseas Citizen of India Cardholder’ which replaces the concept of the two. [2] These amendments inter alia will be further elucidated in this article.
The bill for the amendment was introduced in Lok Sabha on 27th February, 2015 and passed by it on 2nd March 2015 and by Rajya Sabha on 4th March 2015. It received the President of India’s assent on 10th March 2015. The amendment was deemed to have come into effect from 6th January, 2015.
Merger of Person of India and Overseas Citizenship of India
A person who was registered under the Citizenship Act, 1955 as an Overseas citizen prior to the 2015 amendment is referred to as an Overseas Citizen. A person who is registered as a Person of India cardholder is referred to as the Person of India. As already stated, one of the important amendments that have been brought about is the merger of PIO and OCI.
The concept of Overseas Citizens of India Card holders has replaced the concept of both OCIs as well as PIOs. This is evident from section 7A(2) which has been added to the Act which states that, the existing Persons Of India Origin cardholders (registered persons) will be deemed to be the Overseas Citizens of India Cardholders upon a notification that will be made by the Central Government in the Official Gazette.
Registration of an Overseas Citizen Cardholder
Section 7A of the Act provides the eligibility criteria for registration of an individual as an Overseas Citizen Cardholder. Upon making an application, the Central government will register such an individual if:
He is person of full age and capacity who is
- a citizen of another country, but was a citizen of India at any time on/ after the commencement of the Constitution, or
- a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution, or
- a citizen of another country, but belonged to a territory that became part of India after the 15th day of August,1947, or
- a child or a grandchild or a great grandchild of such a citizen; or
A person who is a minor child
- of a person above mentioned in point (a) or
- is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India or
Spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under section 7A. Also, such spouse will be subjected to security clearance by the relevant authorities in India prior to registration.
It is also important to note that any person who is or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan or Bangladesh cannot be registered as an Overseas Citizen of India Cardholder under the Act.
Rights of an Overseas Citizenship Cardholder
Considering that PIOs and OCIs have been merged to form the Overseas Citizenship Cardholder, the rights of the former are also provided to the Overseas Citizenship Cardholders. As per the ministry of home affairs, the registered OCI Card holders are entitled to the following rights:
- They can have lifelong visa of multiple entry for visiting India for any purpose. But, OCI Cardholders will have to obtain a special permission to perform research work in India. For this purpose, they might have to submit an application to the Indian Mission/ Post/ FRRO concerned.
- They are exempted from registering with the Foreigners Regional Registration Officer (FRRO) or Foreigners Registration Officer (FRO) for any time period of stay in India.
- The rights provided to them are in parity with Non-Resident Indians (NRIs) with respect to all the facilities available to them in economic, financial, and educational fields. However, this right is not available to them in matters relating to the acquisition of agricultural or plantation properties.
- The registered Overseas Citizen of India Cardholders is treated on par with Non Resident Indians on aspects regarding inter-country adoption of Indian children.
- Moreover, the registered Overseas Citizen of India Cardholders are treated at par with the resident Indian nationals on matters pertaining to tariffs in air fares in domestic sectors in the country.
- Also, the entry fee applicable to the Overseas Citizen of India Cardholders is the same as that applicable to the domestic Indian visitors who wish to visit national parks and wildlife sanctuaries in India.
- They are furthermore treated in parity with Non-Resident Indians(NRI) with respect to the following
- entry fees that is levied for visiting the national monuments, historical sites and museums in India
- Carrying on the following professions in India, in accordance with the provisions contained in the relevant Acts, namely:-
- doctors, dentists, nurses and pharmacists;
- advocates
- architects
- chartered accountants
- to appear for various tests such as the All India Pre-Medical Test to make them eligible for admission in accordance to the provisions contained in the relevant Acts.
- Also, the State Governments are required to ensure that the OCI Cardholder registration booklets of OCI Cardholders are considered as their identification for any services that are availed to them.
- Overseas Citizens of India Cardholder can give an affidavit attested by a notary public as a proof of residence by stating that a particular/specific address may be treated as their place of residence in India,
- They can also in their affidavit give their overseas residential address as well as their e-mail address, if any.
- Any further benefits to an Overseas Citizen of India Cardholder will be notified by the Ministry of Overseas Indian Affairs (MOIA) under section 7B(1) of the Citizenship Act, 1955.
It is also pertinent to note that a person registered as an Overseas Citizen of India Cardholder is eligible to apply for grant of Indian citizenship under section 5(1) (g) of the Citizenship Act, 1955 if he/she is registered as Overseas Citizen of India Cardholder for five years and is ordinarily resident in India for twelve months before making an application for registration.[3]
Registering for Citizenship
The Amendment Act has modified certain provisions pertaining to citizenship by registration. As per the Act, any individual, who is not an illegal migrant or not already a citizen of India, can make an application to the Central Government. For the application to be granted, the applicant has to fulfil the following criteria that have been laid down. As per section 5 of the Act, the applicant has to be:
‘(a) a person of Indian origin who is ordinarily resident in India for seven years before making an application for registration;
(b) a person of Indian origin who is ordinarily resident in any country or place outside undivided India;
(c) a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;
(d) minor children of persons who are citizens of India;
(e) a person of full age and capacity whose parents are registered as citizens of India under clause (a) of this sub-section or sub-section (1) of section 6;’
As per the Amendment Act, the following provisions have been added:
‘(f) a person of full age and capacity who, or either of his parents, was earlier citizen of independent India, and is ordinarily resident in India for twelve months immediately before making an application for registration;
(g) a person of full age and capacity who has been registered as an Overseas Citizen of India Cardholder for five years, and who 5 is ordinarily resident in India for twelve months before making an application for registration.’
Dual citizenship is still not recognised in India and hence, such individuals will have to renounce their citizenship. In addition, a person will also be eligible to apply for citizenship if he has been residing in India but has travelled abroad intermittently, if the total number of days that person has stayed away from India does not exceed 30 days.[4] This provision has been made to meet the needs arising out of increased globalisation which involved the needs of people to travel abroad due to economic, social and medical needs. Also, in case of special circumstances, if the Central Government is satisfied, it can relax certain criteria imposed as per Section 5(1A) of the Act, after recording them in writing. [5]
Conclusion
As can be seen from the article, even though the amendment has not addressed the need for dual citizenship, it is still a substantial change for the PIO cardholders, and individuals who want to apply for Indian Citizenship through obtaining OCI status. These concepts have to be especially taken note of by the Employers who have employed PIO or OCI cardholders or ones who wish to apply for it. They will have to guide their employees to make the relevant changes as applicable.
References
[1]‘Parliament passes Citizenship (Amendment) Bill, 2015’, GK Today, India’s daily E magazine. Available at http://currentaffairs.gktoday.in/parliament-passes-citizenship-amendment-bill-2015-3201520380.html. Accessed on 16.06.2017
[2] ‘India: Amendments To The Citizenship Act, 1955 And The Concept Of The Overseas Citizens Of India Cardholder’, by Ran Chakrabarti and Sonu Varghese, Indus law, 20 January 2016
Availableat<http://www.mondaq.com/india/x/459548/general+immigration/Amendments+to+the+Citizenship+Act+1955+and+the+concept+of+the+Overseas+Citizens+of+India> Accessed on 16.06.2017
[3] Ministry of Home Affairs, Overseas Citizenship of India (OCI) Cardholder, intro Available at < http://mha1.nic.in/pdfs/intro.pdf > Accessed on 18.06.2017
[4] i.d. 2
[5] Section 5(1A) of the Indian Citizenship Act, 1955
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