Indian citizenship and citizenship of a Foreign country
cannot be held at the same time as it is not allowed by the Constitution of
India. A new class of Citizenship i.e.,
Overseas Citizen of India (OCI) was therefore created by amending the
Constitution to compromise with dual citizenship.
Dual Citizenship and holding of two nationalities at
the same time of two different countries
is categorically prohibited by both Article9 of the Constitution of India and
Section 9 of the Indian Citizenship Act, 1955.
OCI are specifically prohibited political rights and other rights by Section 7B of the Citizenship Act and they have only multiple entry lifelong
visa facility to visit India any time for any purpose.
Under the Ministry of Home Affairs Scheme of August 19,
2002, the registration of Person of Indian Origin ( PIO ) Card holders was
started and from December 2, 2005 the OCI scheme became operational.We need to know the difference between an
NRI, a PIO and an OCI.
For this purpose, the following description is given:
Non-Residential
Indians ( NRIs ):
A person resident in India and a person resident
outside India are defined in Section 2 of the Foreign Exchange Management Act,
1999 (FEMA).However, this portion
does not define the term NRI.According
to a notification, NRI means a person resident outside India who is either a
Citizen of India or is a person of Indian Origin.
A person who resides in India for more than 182
days in the preceding financial year and
who comes or stays in India for any purpose is a person ‘resident’ in India
according to FEMA. A person who is not a
resident in India is defined as a ‘Non Resident’. An NRI, therefore, is an Indian Citizen who
ordinarily residents outside India and holds Indian passport.
Persons of Indian
Origin ( PIO ):
A foreign citizen who held an Indian Passport at any
time; or he/she or either of his/her parents, grand parents or great grand
parents was born in and was a permanent resident in India; or he/she is a
spouse of a citizen of India or of a person of Indian Origin is what is meant
by a Person of Indian Origin.
PIO card holders are permitted to visit India without visa for 15 years and have to
register with Foreigners Registration Officer ( FRO ) in India if the stay is
more than 180 days continuously. PIOs
have equality with NRIs where certain facilities are concerned but do not have
any political rights and may apply for Indian Citizenship after residing in
India for a minimum of seven years.
Overseas Citizen of
India ( OCI ):
A foreign national is eligible for registration as OCI
if he was eligible to become a Citizen of India on January 26, 1950, or was a
citizen of India on or at any time after the said date or belonged to a
territory that became part of India after August 15, 1947 and his / her
children and grand children are also eligible for registration as OCIs. They will enjoy a multiple entry, multi
purpose life long visa to visit India, do not have to register with Foreigners
Registration Officer ( FRO ) / Police authorities however long they may stay in
India and have the right to benefits notified under Section 7B of the Indian
Citizenship Act, 1955. If an OCI is
registered for five years and resides in India for one year he can be granted
Indian Citizenship but will have no political rights.
Bank accounts in India can be opened out of funds
remitted from abroad, foreign exchange brought in from abroad or out of funds
legitimately due to them in India by NRIs / PIOs.They can open these accounts with Banks that
are authorized by the Reserve Bank of India.
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