Understanding the Roles of Citizens and Aliens in India

In India, just like in many other countries, there are two main groups of people: citizens and aliens. Citizens are individuals who belong to the Indian state and have a special level of connection to it. They are entitled to full civil and political rights, which allows them to participate actively in the country's political and social life.

On the other hand, aliens are people who are citizens of other countries. They do not have the same rights as Indian citizens. Aliens can be divided into two categories: friendly aliens and enemy aliens. Friendly aliens come from countries that have good relations with India, while enemy aliens are from countries that are in conflict or at war with India. Enemy aliens have fewer rights than friendly aliens; for instance, they do not have the same protection against arrest and detention under Article 22 of the Indian Constitution.

Rights of Indian Citizens

The Indian Constitution grants several fundamental rights specifically to its citizens. These rights are essential for ensuring equality and freedom in the country. Some of these rights include:

1. Right Against Discrimination: Article 15 ensures that citizens cannot be discriminated against based on religion, race, caste, sex, or place of birth.

2. Right to Equality of Opportunity: Article 16 provides that all citizens have the right to enter any public employment, ensuring fair access to jobs and services in the government.

3. Right to Freedom: Article 19 guarantees citizens the freedom of speech and expression, along with the rights to assemble, form associations, move freely within the country, reside anywhere, and practice any profession.

4. Cultural and Educational Rights: Articles 29 and 30 protect the rights of minorities to preserve their culture and set up educational institutions.

5. Right to Vote: Citizens have the right to vote in elections for the Lok Sabha (the lower house of Parliament) and the state legislative assemblies, allowing them to influence the political landscape.

6. Right to Contest in Elections: Citizens can run for election to become members of Parliament or state legislatures, thus having the chance to represent their community.

7. Public Office Eligibility: The Constitution allows both citizens by birth and naturalized citizens to hold important public offices, such as the President of India, Vice-President, judges of the Supreme Court and High Courts, and various other key government roles.

Responsibilities of Citizens

Along with these rights, citizens of India also have certain duties towards the state. These include paying taxes, respecting the national flag and anthem, and being ready to defend the country if needed. These duties help maintain order and promote a sense of community among citizens.

Naturalised Citizens vs. Citizens by Birth

In India, both citizens by birth and those who become citizens through naturalization are eligible to hold the highest office in the country, such as the President. This differs from the United States, where only those who are citizens by birth have the right to run for President.

Through these various rights and duties, the Indian Constitution aims to create a balanced and fair society for its citizens while also recognizing the presence of alienswithin its borders. The distinction between citizens and aliens highlights India’s commitment to safeguarding its sovereignty while promoting the well-being of its people.

Single Citizenship in India

The Indian Constitution creates a unique system of citizenship. While it establishes a federal structure consisting of a central government and various state governments, it only recognizes one type of citizenship, which is Indian citizenship. Essentially, every person who is a citizen of India owes their loyalty solely to the union, meaning they are citizens of India and are not recognized as citizens of individual states or territories. This approach is different from countries like the United States and Australia, where citizens hold both national and state citizenship, often referred to as dual citizenship.

In the United States, for example, a person is a citizen of both the country and the specific state they live in. This results in an individual having two sets of rights – one set provided by the national government and another set granted by the state government. However, this can lead to discrimination; states may favor their own citizens when it comes to rights such as voting, holding public office, or practicing certain professions. By having a system of single citizenship, India avoids this kind of discrimination. Here, citizens, regardless of the state they belong to or reside in, enjoy the same political and civil rights throughout the country without any differentiation.

That being said, there are some exceptions to this general rule. The Indian Parliament, as per Article 16 of the Constitution, is allowed to set residency requirements for specific jobs or appointments within a state or union territory. For instance, the Public Employment (Requirement as to Residence) Act, 1957 enabled the Indian government to set residential qualifications for certain government jobs in states like Andhra Pradesh, Himachal Pradesh, Manipur, and Tripura. However, this act lapsed in 1974, leaving Andhra Pradesh and Telangana as the only states with specific residency requirements for particular jobs.

Additionally, Article 15 of the Constitution prohibits discrimination against any citizen based on religion, race, caste, sex, or place of birth, but it does not specifically include discrimination based on residence. This means that while states cannot discriminate in matters involving basic rights, they have the freedom to offer advantages or preferential treatment to their residents in non-constitutional matters, like educational fee concessions.

Furthermore, Article 19 grants freedom of movement and residence, although it includes provisions to protect the interests of scheduled tribes. This means that in tribal areas, there are restrictions on outsiders who wish to enter, reside, or settle, aimed at preserving the unique cultures, languages, and traditional livelihoods of these communities.

Historically, prior to 2019, the situation was different in Jammu and Kashmir due to its special status under Article 370 of the Constitution. This allowed the Jammu and Kashmir legislature to define who would be considered a permanent resident and to grant specific rights related to government employment, property ownership, and scholarships, particularly for those classified as permanent residents. These provisions were rooted in Article 35-A, which was added via a presidential order in 1954. However, in 2019, a new presidential order revoked this special status, leading to significant changes in the citizenship and rights context in Jammu and Kashmir.

Overall, the Indian Constitution, much like Canada’s, institutes a system of single citizenship ensuring that citizens possess uniform rights across the country. This is intended to foster unity and a sense of belonging among the diverse population of India. Despite these constitutional protections and intentions, the nation has faced challenges such as communal strife, class divides, caste conflicts, linguistic tensions, and ethnic disputes. This persistent unrest shows that the founding fathers’ vision of a cohesive and integrated Indian nation remains a work in progress.

Constitutional Provisions Regarding Citizenship in India

The Indian Constitution contains rules about citizenship primarily in Articles 5 to 11, found in Part II. However, these articles do not provide detailed or permanent guidelines on citizenship issues. Instead, they mainly clarify who became citizens when the Constitution came into effect on January 26, 1950, without addressing how citizenship can be acquired or lost after that date. To handle these matters, the Constitution gives the Indian Parliament the authority to create laws related to citizenship. Following this mandate, the Parliament passed the Citizenship Act in 1955, which has been modified over the years to address changing needs and circumstances.

According to the Constitution, four main categories of individuals became citizens of India when it started:

1. Domicile in India: A person had to be a resident (domiciled) in India and satisfy at least one of three conditions: (a) Born in India, (b) Having at least one parent born in India, or (c) Living in India for five years before the Constitution's commencement.

2. Migrants from Pakistan: Individuals who moved to India from Pakistan automatically became citizens if they or their parents or grandparents were born in undivided India. They also needed to meet one of two conditions: If they migrated before July 19, 1948, they had to be ordinary residents in India since migrating; if they came after that date, they had to apply for citizenship registration, and could only do so if they had lived in India for six months before applying.

3. Returnees from Pakistan: Those who migrated to Pakistan after March 1, 1947, but returned to India for resettlement could gain Indian citizenship. To qualify, they must have been residents in India for six months before applying for registration.

4. Persons of Indian Origin Living Abroad: Individuals (or their parents or grandparents) born in undivided India but currently living outside India could become Indian citizens if they registered with Indian diplomatic or consular offices, regardless of when they sought registration.

These provisions collectively address citizenship for individuals from various backgrounds such as long-term residents in India, migrants from Pakistan, former migrants who returned, and those of Indian heritage living overseas.

Additionally, the Constitution features other important provisions regarding citizenship:

1. No individual can be considered a citizen of India if they voluntarily acquire citizenship of another country.

2. Any person recognized as an Indian citizen will continue to hold that status unless laws made by Parliament specify otherwise.

3. The Parliament holds the power to legislate on the processes for acquiring or losing Indian citizenship, as well as other related matters.

Overall, these articles and the Citizenship Act provide a framework for understanding who can call themselves a citizen of India, establishing guidelines while allowing flexibility through parliamentary legislation. By outlining these rules, the Constitution aims to ensure that citizenship is granted and maintained in a fair and orderly manner.

The Citizenship Act of 1955

The Citizenship Act of 1955 is an important law in India that outlines how a person can become a citizen of India and how they can lose their citizenship. This law came into effect after the Indian Constitution was adopted on January 26, 1950. It is essential to understand this Act because it lays down the rules about citizenship in India, which is a fundamental aspect of being a part of the country.

Key Provisions of the Citizenship Act

The Citizenship Act of 1955 originally included a provision for Commonwealth Citizenship, which allowed citizens of certain Commonwealth countries to have special rights in India. However, this part of the law was removed through the Citizenship (Amendment) Act in 2003. The current Citizenship Act mainly defines how individuals can acquire Indian citizenship through various means, such as by birth, descent, registration, or naturalization.

Acquiring Citizenship

According to the Citizenship Act, a person can obtain Indian citizenship in several ways:

1. By Birth: A person born in India on or after January 26, 1950, is considered a citizen of India. However, if a child is born after July 1, 1987, at least one parent must be an Indian citizen at the time of the child’s birth for the child to be a citizen.

2. By Descent: A person is also eligible for Indian citizenship by descent if they were born outside India and their parents are Indian citizens. However, certain conditions apply depending on when the individual was born.

3. By Registration: Foreigners can apply for Indian citizenship if they meet specific criteria, such as having Indian origin or marrying an Indian citizen.

4. By Naturalization: Foreign nationals can become Indian citizens by residing in the country for a specified number of years and fulfilling additional criteria set by the government.

Losing Citizenship

The Citizenship Act also describes how a person can lose their Indian citizenship. This can happen in various situations:

1. A citizen may voluntarily renounce their citizenship.
2. If a person holds citizenship of another country, they can automatically lose their Indian citizenship.
3. During a war, if any citizen creates a situation considered detrimental to India's security, they may lose their citizenship.

Constitutional and Legal Framework

The provisions in the Citizenship Act are supported by specific articles in the Indian Constitution, primarily Articles 5 to 11, which detail the rights and status of citizens and the government’s responsibility to regulate citizenship matters.

• Article 5 defines who is a citizen at the commencement of the Constitution.
• Article 6 makes provisions for citizenship for people who migrated from Pakistan.
• Article 7 deals with citizenship for those who moved to Pakistan and returned to India.
• Article 8 discusses the rights of citizens of the Indian origin residing outside India.
• Article 9 states that anyone who voluntarily acquires citizenship of another country is no longer a citizen of India.

Furthermore, the Citizenship Act and its amendments are subject to judicial review by the Supreme Court of India, ensuring that the provisions align with fundamental rights and principles of justice enshrined in the Constitution.

Conclusion

The Citizenship Act of 1955 is a crucial piece of legislation that governs the acquisition and loss of Indian citizenship. Over the years, amendments like the one in 2003 have shaped the way citizenship is understood in India. Understanding these laws is vital for citizens and non-citizens alike, as they determine rights and responsibilities in the country. For anyone looking to delve deeper into the subject, it is advisable to refer to the actual text of the Citizenship Act and relevant constitutional articles for comprehensive insights.

Acquisition of Citizenship in India

India’s process of granting citizenship is laid out in the Citizenship Act of 1955. This law describes five main ways a person can become a citizen: by birth, descent, registration, naturalization, and incorporation of territory. It's important to understand each of these categories and the rules that apply to them.

1. Citizenship by Birth

According to the Citizenship Act, anyone born in India on or after January 26, 1950, and before July 1, 1987, automatically becomes a citizen of India, regardless of their parents' nationality.

For those born after July 1, 1987, but before December 3, 2004, the rules changed. In this case, a person will be recognized as an Indian citizen only if at least one parent was a citizen of India at the time of their birth.

After December 3, 2004, the requirements tightened further. Now, to be considered a citizen by birth, both parents must be citizens of India, or one parent must be an Indian citizen while the other is not an illegal immigrant at the time of the child’s birth. It is important to note that children of foreign diplomats and enemy aliens cannot gain Indian citizenship by birth.

2. Citizenship by Descent

Citizenship by descent applies to individuals born outside India. If a person is born outside India on or after January 26, 1950, and before December 10, 1992, they can be an Indian citizen if their father was a citizen of India at the time of their birth.

For those born after December 10, 1992, either parent must be an Indian citizen at the time of the child's birth for the child to gain citizenship. Additionally, if a person is born outside India after December 3, 2004, they must register their birth at an Indian consulate within one year to qualify for citizenship by descent, otherwise, they can apply with special permission from the Central Government.

If a minor obtains dual nationality by descent (being a citizen of India and of another country), they will lose Indian citizenship unless they renounce the other citizenship within six months of reaching adulthood.

3. Citizenship by Registration

The Central Government possesses the authority to register individuals as citizens of India, provided they meet certain criteria. These criteria include:

• Individuals of Indian origin who have been residing in India for seven years before applying.
• Members of Indian origin who live outside India.
• Persons married to Indian citizens and residing in India for seven years.
• Minor children of Indian citizens or individuals whose parents are Indian citizens.
• Persons who were once citizens of undivided India and have lived in India for at least twelve months prior to their application.

All applicants must take an oath of allegiance to India before becoming citizens.

4. Citizenship by Naturalization

Naturalization is the process through which foreigners can become Indian citizens. To be eligible, an applicant must fulfill certain conditions, such as:

• Not being a citizen of a country that prevents Indians from gaining citizenship there.
• If they are a citizen of another country, they must agree to renounce that citizenship if they are granted Indian citizenship.
• The person must reside in India or serve the government here for at least twelve months before applying.
• Must have a cumulative residency of not less than eleven years prior to that twelve-month period.

However, recent changes in the Citizenship (Amendment) Act, 2019 reduced the residency requirement for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan to five years.

Every applicant for naturalization must take an oath to support and defend the Constitution of India.

5. Citizenship by Incorporation of Territory

When any foreign territory becomes part of India, the Indian government will specify which individuals from that territory become Indian citizens. For instance, when Pondicherry was integrated into India, the Citizenship (Pondicherry) Order, 1962 was enacted under the Citizenship Act.

6. Special Provisions under the Assam Accord

The Citizenship (Amendment) Act, 1985 provides guidelines for individuals of Indian origin who migrated to Assam from Bangladesh. Those who entered Assam before January 1, 1966, are considered citizens of India from that date. For those who entered on or after January 1, 1966, and before March 25, 1971, they can be deemed citizens after a ten-year registration process if they are found to be foreigners.

7. Special Provisions for Migrants from Afghanistan, Bangladesh, and Pakistan

The Citizenship (Amendment) Act, 2019 introduced provisions for migrants from the communities of Hinduism, Sikhism, Buddhism, Jainism, Parsi, or Christianity from Afghanistan, Bangladesh, or Pakistan who entered India before December 31, 2014. These individuals are exempt from certain penalties for illegal migration and can receive certificates for registration or naturalization, effectively granting them Indian citizenship from the date they entered the country.

These amendments came into effect on January 10, 2020.

In conclusion, India's approach to citizenship is structured, allowing individuals to acquire it through various means. The specific conditions and requirements for each category ensure that the process remains systematic while adapting to socio-political changes in the region. Understanding the relevant articles and acts helps clarify the process of becoming a citizen in India, as outlined in the Indian Constitution.

Loss of Indian Citizenship

In India, the rules about losing citizenship are mainly defined in the Citizenship Act of 1955. This law explains three main ways a person can lose their Indian citizenship, whether they got it through this Act or through the Constitution before this Act was made. These ways are renunciation, termination, and deprivation.

Renunciation of Citizenship

Any adult citizen of India has the right to give up their Indian citizenship by making a formal declaration. Once this declaration is registered with the appropriate government authorities, the individual stops being an Indian citizen. However, there is a special rule for situations when India is involved in a war. If someone tries to renounce their citizenship during a war, the registration of that declaration will be delayed or withheld by the Central Government.

It’s also important to note that when a parent renounces their Indian citizenship, all their minor children also lose their citizenship automatically. However, if one of those children turns 18 years old, they can apply to get their Indian citizenship back within one year of reaching that age.

Termination of Citizenship

The termination of Indian citizenship happens automatically if an Indian citizen voluntarily chooses to become a citizen of another country. This is done with full knowledge and consent, meaning the person is not forced or pressured into it. Similar to renunciation, this automatic termination does not apply if India is currently at war.

Deprivation of Citizenship

Deprivation is a different process. It involves the Central Government forcibly taking away someone's Indian citizenship under certain conditions. This can happen if:

1. The person obtained their citizenship through dishonest means, like fraud.
2. The person has acted disloyally towards the Constitution of India.
3. The person has engaged in illegal trade or communication with enemies during a time of war.
4. The person has been imprisoned in another country for at least two years within five years of becoming a citizen of India through registration or naturalization.
5. The person has lived outside of India for a continuous period of seven years.

Constitutional Articles and Relevant Laws

The Citizenship Act of 1955 is the primary law that governs citizenship matters in India, but it operates within the framework of the Indian Constitution. Some relevant articles from the Constitution include Article 5, which addresses citizenship at the commencement of the Constitution, and Article 11, which gives Parliament the power to make laws regarding citizenship and its termination.

In addition to these articles, the law is also backed by the rules and processes set by the Ministry of Home Affairs in India, which manages citizenship matters. Understanding these provisions is crucial for individuals, especially in specific situations where citizenship status might be in question.

Overall, the laws surrounding the loss of citizenship in India—through renunciation, termination, or deprivation—are designed to balance personal choices with loyalty to the nation, emphasizing the legal obligations and responsibilities of citizenship.

Overseas Citizenship of India

In September 2000, the Indian government created a committee to study the Indian diaspora, which includes Indians living abroad. This committee, led by L.M. Singhvi, was tasked with looking into the lives of Indians outside India and finding ways to strengthen their ties with the motherland. The committee completed its work in January 2002 and suggested changes to the Citizenship Act from 1955. One major recommendation was to allow dual citizenship for Persons of Indian Origin (PIOs) from specific countries.

Following this recommendation, the Indian government introduced the Citizenship (Amendment) Act in 2003. This act allowed certain PIOs from 16 specified countries, excluding Pakistan and Bangladesh, to gain Overseas Citizenship of India (OCI). Additionally, the amendment removed all references that related to Commonwealth Citizenship from the original act.

In 2005, the Citizenship (Amendment) Act expanded the OCI program to include PIOs from all countries, again excluding Pakistan and Bangladesh, provided their home countries permitted dual citizenship under their laws. It is important to note here that OCI does not equal dual citizenship as per the Indian Constitution, which strictly prohibits dual citizenship (Article 9).

The OCI system was further updated in 2015 with the introduction of a new scheme called the “Overseas Citizen of India Cardholder.” This change was made by merging two existing programs: the PIO card scheme and the OCI card scheme. The PIO card scheme had been established on August 19, 2002, while the OCI card scheme was launched on December 2, 2005. Both schemes were operating simultaneously, leading to confusion among applicants, especially since the OCI card had gained more popularity.

To address these issues and improve the experience for applicants, the Indian government decided to combine the two schemes into one. The Citizenship (Amendment) Act of 2015 allowed for this merger, effectively ending the PIO scheme on January 9, 2015. After this date, all existing PIO cardholders were automatically recognized as OCI cardholders.

With these amendments, the status of “Overseas Citizen of India” was redefined to “Overseas Citizen of India Cardholder.” This clarification aimed to streamline the process for people of Indian origin wishing to maintain a connection with India while living abroad.

The provisions under the OCI scheme permit cardholders to enjoy certain privileges, such as the ability to live and work in India indefinitely. However, it is crucial to understand that OCI status does not provide political rights, such as voting or running for office. The evolution of the Overseas Citizenship of India reflects the Indian government's efforts to maintain and strengthen the relationship with the Indian diaspora while adhering to the constitutional guidelines concerning citizenship.

For individuals considering applying for OCI, they should check specific articles in the Citizenship Act, particularly those mentioned above, to fully understand their rights and responsibilities as OCI cardholders.

The Citizenship (Amendment) Act, 2015 is an important law in India that brought some changes related to the citizenship and status of overseas Indians. One key change was the name adjustment; it replaced the term “Overseas Citizen of India” with “Overseas Citizen of India Cardholder.” This change may seem small, but it reflects a broader effort to clarify the rights and status of people of Indian origin living abroad.

The main goal of the Citizenship (Amendment) Act is to offer a clearer and more structured framework for recognizing the rights of Indians living outside India. This act modifies the original Citizenship Act of 1955, which is the primary law governing citizenship in India. Under this original law, there were specific provisions about how one could acquire Indian citizenship, the criteria for eligibility, and the rights associated with different citizenship statuses.

One of the significant provisions under the 2015 amendment allows Overseas Citizens of India Cardholders certain benefits that are similar to Indian citizens. For instance, they can travel to India multiple times and do not require a visa, which makes it much easier for them to visit their homeland. They can also attend educational institutions in India and can own property. However, there are some restrictions as well. These cardholders cannot vote in Indian elections, cannot hold government jobs, and cannot purchase agricultural land.

Further, it’s important to understand the constitutional framework surrounding citizenship in India. Article 5 to Article 11 of the Indian Constitution deals with citizenship. For instance, Article 6 provides for the citizenship rights of people who migrated from Pakistan at the time of Partition. It details who can be considered a citizen and under what conditions citizenship can be acquired or revoked.

In summary, the Citizenship (Amendment) Act, 2015 not only renamed overseas citizens to Overseas Citizen of India Cardholders but also aimed to enhance the legal framework surrounding the rights and benefits of people of Indian origin living outside India. This act is part of a broader discussion about how India recognizes its diaspora and seeks to maintain connections with its citizens living overseas, ensuring they can retain some ties to their motherland even when they reside in another country.

It is important for Indians in the diaspora and those looking to understand their status to stay informed about these provisions, as they play a crucial role in bridging the gap between India and its citizens abroad.

The Overseas Citizen of India (OCI) card allows certain rights to individuals who hold it, but these rights are limited when compared to those of full Indian citizens. The Central Government of India designates specific rights for OCI cardholders. Some of these rights can include things like the ability to travel to India without requiring a visa, and the right to live and work in India. However, it is essential to note that the rights and privileges of OCI cardholders do not extend as far as full Indian citizenship.

Despite holding an OCI card, individuals do not have certain fundamental rights which are reserved for Indian citizens. For instance, Article 16 of the Indian Constitution ensures equality of opportunity in public employment, but OCI cardholders cannot claim this right. This means that they cannot apply for jobs in the public sector like Indian citizens can.

Moreover, Article 58 of the Constitution states that only citizens of India can be elected as the President, and Article 66 extends this eligibility to the Vice-President. Similarly, Articles 124 and 217 highlight that only citizens are qualified to be appointed as judges in the Supreme Court and High Courts, respectively. Therefore, OCI cardholders cannot be considered for these prestigious positions.

In terms of voting rights, Article 326 of the Constitution allows citizens to register as voters, but this right is not extended to OCI cardholders. They cannot vote in elections nor can they be elected as members of the Lok Sabha (House of the People) or Rajya Sabha (Council of States). Additionally, they are not eligible to become members of any State Legislative Assembly or State Legislative Council.

Lastly, when it comes to public service positions, the Constitution maintains that only Indian citizens can hold public office. The OCI cardholders are not eligible for most government jobs in India, except for select positions that the Central Government might deem appropriate for them.

Thus, while the OCI card provides some benefits to holders, particularly in terms of travel and residency, it is important to understand that it does not grant full rights equivalent to those of Indian citizenship as specified in various articles of the Indian Constitution.

The process of renouncing the Overseas Citizen of India (OCI) card is straightforward. An individual who holds an OCI card can decide to renounce their status. This means that they can officially announce that they are no longer an Overseas Citizen of India.

Once this declaration is made, it must be recorded by the Central Government. Following this registration, the person loses their rights and privileges associated with being an OCI holder. It’s important to note that when one individual renounces their OCI status, it also affects their family. Specifically, if they have a spouse of foreign origin who also holds an OCI card, that spouse will likewise lose their OCI status. Furthermore, any minor children of the renouncing individual who are registered as OCI cardholders will also cease to be considered OCI holders.

The OCI card itself is a special status granted by the Indian government, allowing people of Indian descent living in foreign countries to have certain rights and privileges in India. The rules regarding OCI cards and their renunciation are outlined in the Citizenship Act of 1955, particularly in Article 7 which discusses the conditions and instances under which citizenship can be renounced.

According to the law, if a person wishes to give up their OCI status, they must follow the procedures laid out by the Central Government. This ensures that there is an official record of the status change and maintains the integrity of the citizenship records.

In addition, the renunciation process is important as it allows individuals to manage their legal status while also ensuring that their families are aware of the implications of such a decision. The rules on this matter help clarify the responsibilities and rights of both the individual renouncing their OCI status and their family members.

To sum up, renouncing OCI status is a formal process that affects not only the individual but also their spouse and minor children, and it is governed by specific articles in the Indian constitution and laws that outline citizenship rights.

Cancellation of Registration as an Overseas Citizen of India Cardholder

The Central Government of India has the authority to cancel a person's registration as an Overseas Citizen of India (OCI) cardholder under specific circumstances. An OCI cardholder is someone who has been granted special rights as a person of Indian origin living abroad. However, if any of the following conditions are met, the government can take action to cancel their registration.

Firstly, if it is found that a person received their OCI registration through dishonest means—such as fraud, providing false information, or hiding important details—the government can cancel their status. This ensures that only genuine applicants are allowed the benefits of being an OCI cardholder.

Secondly, if an OCI cardholder shows disaffection or a lack of loyalty towards the Constitution of India, their registration may also be revoked. This reflects the government's expectation that OCI holders respect the laws and values of India.

Thirdly, if an OCI cardholder engages in unlawful activities during a conflict involving India, such as trading with enemies, their registration can be canceled. This is particularly relevant during times of war, where national security is a priority.

Additionally, if an OCI cardholder is imprisoned for at least two years within five years of obtaining their registration, this can lead to cancellation. It's a safeguard against individuals who may misuse their status for criminal activities.

Moreover, if the OCI cardholder violates the rules outlined in the Citizenship Act of 1955 or other laws specified by the Central Government, their registration can be revoked. This was specifically addressed in the Citizenship (Amendment) Act of 2019, which added clarity to the conditions under which cancellation can occur.

Another significant reason for cancellation is related to marital status. If an OCI cardholder's marriage is legally dissolved or if they marry another person while still being married to someone else, their registration could be canceled. This is to maintain the integrity of the status granted to them.

Before any cancellation occurs, the OCI cardholder will be given a fair chance to state their case or defend themselves. This is an important legal right, ensuring that the process is fair and just. The provisions regarding cancellation, including the opportunity to be heard, were reinforced by the Citizenship (Amendment) Act of 2019.

These measures serve to protect the sovereignty, security, and integrity of India while also ensuring that those who are granted OCI status are held accountable. The relevant articles and provisions in the Indian Constitution and the Citizenship Act outline these regulations, ensuring that the policies are in line with India's commitment to democracy and fairness. The concern for national security and public interest forms the cornerstone of these rules, reflecting the government’s intention to protect the country and its citizens.