Section 7D: Cancellation of Registration as Overseas Citizen of India Cardholder
Explanation
Section 7D of the Citizenship Act, 1955, was introduced by the Citizenship (Amendment) Act, 2019. It provides the grounds on which the Central Government may cancel the registration of an Overseas Citizen of India (OCI) Cardholder. The key provisions are as follows:
Fraudulent Registration: If the registration was obtained by means of fraud, false representation, or the concealment of any material fact.
Disaffection towards the Constitution: If the OCI Cardholder has shown disaffection towards the Constitution of India.
Unlawful Activities during War: If the OCI Cardholder has unlawfully traded or communicated with an enemy or engaged in activities assisting an enemy during a war in which India is engaged.
Criminal Conviction: If the OCI Cardholder has been sentenced to imprisonment for a term of not less than two years within five years after registration.
Violation of Laws: If the OCI Cardholder has violated any provisions of this Act or any other law in force as specified by the Central Government.
Public Interest: If it is necessary to cancel the registration in the interests of the sovereignty and integrity of India, the security of India, friendly relations with foreign countries, or the general public.
Marriage Violations: If the OCI Cardholder, who obtained the Card under clause (d) of sub-section (1) of section 7A, has violated marital conditions, such as solemnizing another marriage while the previous marriage subsists.
Relevant Judgments
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 application for an OCI Card under Section 7A, emphasizing that the requirement was arbitrary and not necessary for verifying the genuineness of the marital status.
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