Citizenship in India: Part 14

 

Section 7B: Rights of Overseas Citizens of India Cardholders

Explanation

Section 7B of the Citizenship Act, 1955, was introduced by the Citizenship (Amendment) Act, 2019. It outlines the rights and privileges granted to Overseas Citizens of India (OCI) Cardholders. The key provisions are as follows:

1. Entitlement to Rights: OCI Cardholders are entitled to such rights, other than the rights specified under sub-section (2), as the Central Government may, by notification in the Official Gazette, specify in this behalf.

2. Exclusions: OCI Cardholders are not entitled to certain rights conferred on Indian citizens, such as:

   • Equality of opportunity in matters of public employment (Article 16 of the Constitution)

   • Election as President (Article 58 of the Constitution)

   • Election as Vice-President (Article 66 of the Constitution)

   • Appointment as a Judge of the Supreme Court (Article 124 of the Constitution)

   • Appointment as a Judge of the High Court (Article 217 of the Constitution)

   • Registration as a voter (Section 16 of the Representation of the People Act, 1950)

   • Eligibility for being a member of the House of the People or the Council of States (Sections 3 and 4 of the Representation of the People Act, 1951)

   • Eligibility for being a member of the Legislative Assembly or the Legislative Council of a State (Sections 5, 5A, and 6 of the Representation of the People Act, 1951)

   • Appointment to public services and posts in connection with the affairs of the Union or any State, except for specific services and posts as specified by the Central Government

Relevant Judgments

1. Union of India vs. Bahareh Bakshi (2024): This case involved an Iranian citizen who filed a writ petition seeking the issuance of an OCI Card. The Supreme Court ruled that the physical presence of the estranged spouse is not a mandatory requirement for processing an OCI Card application under Section 7A, emphasizing that the requirement was arbitrary and not necessary for verifying the genuineness of the marital status.

These provisions and judgments ensure that OCI Cardholders enjoy certain rights and privileges while maintaining the distinction between OCI status and full Indian citizenship.