The Central Government has discretionary powers under Section 7-A(3) of the Citizenship Act,1955 to grant OCI card, if the conditions, mentioned therein are satisfied. Section 7(A) of the Act is reproduced as under:-
7-A. Registration of Overseas Citizen of India Cardholder .―(1) The Central Government may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, register as an Overseas Citizen of India Cardholder―
(a) any person of full age and capacity,―
(i) who is a citizen of another country, but was a citizen of India at the time of, or at any time after the commencement of the Constitution; or
(ii) who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or
(iii) who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or
(iv) who is a child or a grandchild or a great grandchild of such a citizen; or
(b) a person, who is a minor child of a person mentioned in clause (a); or
Common Reasons for OCI Card Rejection
The Central Government's power to refuse or cancel OCI registration is discretionary under Section 7-A(3) and Section 7-D of the Citizenship Act, 1955. In practice, applications are rejected or cancelled for the following reasons:
- Ineligibility: Applicants who are or have been citizens of Pakistan or Bangladesh are not eligible for OCI registration, regardless of their connection to India.
- Suppression of material facts: Failure to disclose prior Indian citizenship, criminal proceedings, or the existence of a Pakistani or Bangladeshi spouse or ancestor is a common ground for rejection.
- Document deficiencies: Missing or inconsistent documents — such as discrepancies between the birth certificate and the passport name, or absence of renunciation certificate — frequently lead to rejections at the processing stage.
- Security grounds: A rejection on national security or public interest grounds under Section 7-D(1)(d) of the Citizenship Act. These are not always communicated explicitly, and the applicant may receive only a brief rejection notice.
- Criminal record: An applicant convicted of any offence and sentenced to imprisonment for two years or more is ineligible.
- Adverse police report: In cases where the applicant has property disputes, family conflicts, or prior FIRs in India, adverse inputs from the local police can affect the outcome of the application.
Legal Remedies Available on OCI Rejection or Cancellation
If an OCI application has been rejected or an existing OCI card cancelled, the following legal remedies are available:
- Representation to the Ministry of Home Affairs: A detailed written representation addressing the grounds of rejection can be submitted to the OCI Cell of the Ministry of Home Affairs (MHA), New Delhi. This is the first and most straightforward step, particularly for document-related rejections.
- Writ Petition before the High Court: If the rejection is based on erroneous application of the law, or if the applicant has not been given a fair hearing (principles of natural justice), a writ petition under Article 226 of the Constitution of India can be filed before the appropriate High Court challenging the rejection order. The Delhi High Court has jurisdiction over MHA decisions in many such cases.
- Writ Petition before the Supreme Court: In cases of significant constitutional importance or where the High Court has ruled adversely, a petition before the Supreme Court may be appropriate.
- Fresh application: In cases of pure document deficiencies or procedural errors, filing a fresh application with corrected documents — after addressing the deficiencies — is often the most practical course of action.
It is important to note that OCI rejections on national security grounds are difficult to challenge as the government is not required to disclose the specific information that led to the decision. However, even in such cases, a writ petition can be filed seeking procedural fairness and disclosure of the grounds, and courts have in some instances directed the government to provide reasons.
Rights and Privileges of OCI Cardholders — A Summary
An OCI cardholder is entitled to a life-long multiple-entry, multi-purpose visa to India. They do not require a separate visa for any length of stay. They are exempt from registration with the FRRO/FRO for any period of stay. They enjoy parity with NRIs in financial, economic, and educational fields, except as specifically excluded (such as agricultural land acquisition, government employment, and voting rights). OCI cardholders are also entitled to receive an Indian passport if they meet the conditions for renunciation of foreign citizenship and resumption of Indian citizenship, subject to applicable law.