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MHA Amendment to Citizenship Act Rules

MHA Amendment to Citizenship Act Rules

MHA Amendment to Citizenship Act Rules | UPSC Compass

Why in the News
  • Ministry of Home Affairs (MHA) has amended rules to allow cancellation of OCI registration if:
    • Cardholder is convicted for two years or more
    • Cardholder is charge-sheeted for offences punishable with seven years or more
    • Applicable regardless of where the offence occurred (India or abroad), if recognised under Indian law
Overseas Citizens of India (OCI) Scheme – Overview
What it is
  • Legal status for foreign nationals of Indian origin
  • Allows them to live, work, and travel in India without repeated visa applications
Launched in
  • 2005
Nodal Ministry
  • Ministry of Home Affairs (MHA)
Aim
  • Strengthen engagement with Indian diaspora
  • Provide long-term residency and travel benefits to persons of Indian origin
Key Features
Eligibility
  • Persons who were citizens of India on or after 26 January 1950, or their descendants
  • Excludes those with Pakistani or Bangladeshi citizenship (self or ancestry)
Visa Benefits
  • Lifelong, multiple-entry, multi-purpose visa for visiting India
Economic & Educational Rights
  • Right to own property (except agricultural/plantation land)
  • Right to pursue education and invest in India
No Political Rights
  • Cannot vote or hold constitutional posts
New Rules – Grounds for Cancellation of OCI Registration (Clause (da), Section 7D, Citizenship Act, 1955)
Conviction-based
  • Imprisonment of two years or more
Charge-sheet-based
  • Offences punishable with seven years or more
Irrespective of Jurisdiction
  • Applies to convictions/charges both in India and abroad, if offence is recognised under Indian law
Other Existing Grounds for Cancellation
  • Fraud or concealment in obtaining OCI
  • Disaffection towards the Constitution
  • Unlawful trade or communication with the enemy during war
  • Acts against sovereignty, integrity, and security of India
  • Actions harming friendly foreign relations or public interest