The Citizenship Act, 1955
OVERSEAS CITIZENSHIP
Section 7A: Registration Of Overseas Citizen Of India Cardholder
Bare Act
7A. Registration of Overseas Citizen of India Cardholder -
- The Central Government may, subject to such conditions, restrictions and manner as may be prescribed, on an application made in this behalf, register as an Overseas Citizen of India Cardholder -
- any person of full age and capacity, -
- who is a citizen of another country, but was a citizen of India at the time of, or at any time after the commencement of the Constitution; or
- who is a citizen of another country, but was eligible to become a citizen of India at the time of the commencement of the Constitution; or
- who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of August, 1947; or
- who is a child or a grandchild or a great grandchild of such a citizen; or
- a person, who is a minor child of a person mentioned in clause (a); or
- a person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of India; or
- spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this section:
Provided that for the eligibility for registration as an Overseas Citizen of India Cardholder, such spouse shall be subjected to prior security clearance by a competent authority in India:
Provided further that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be eligible for registration as an Overseas Citizen of India Cardholder under this sub-section.
- any person of full age and capacity, -
- The Central Government may, by notification in the Official Gazette, specify the date from which the existing persons of Indian Origin Cardholders shall be deemed to be Overseas Citizens of India Cardholders.
Explanation - For the purposes of this sub-section, "Persons of Indian Origin Cardholders" means the persons registered as such under notification number 26011/4/98 F. I., dated the 19th August, 2002, issued by the Central Government in this regard.
- Notwithstanding anything contained in sub-section (1), the Central Government may, if it is satisfied that special circumstances exist, after recording the circumstances in writing, register a person as an Overseas Citizen of India Cardholder
Simplified Act
Explanation of Section 7A of The Citizenship Act, 1955: Registration of Overseas Citizen of India Cardholder
This section explains who can apply to become an Overseas Citizen of India (OCI) and the conditions they need to meet:
- The Indian government can grant OCI status to certain people if they apply and meet the required terms.
- Adults who are citizens of another country can apply if they:
- Were Indian citizens when the Indian Constitution started or anytime after.
- Could have become Indian citizens when the Constitution started.
- Lived in a place that became part of India after August 15, 1947.
- Are children, grandchildren, or great-grandchildren of such citizens.
- Children of… Read the complete text with KanoonGPT Pro.
Explanation using examples
Imagine John, who was born and raised in the United Kingdom to Indian parents, wants to work in India for an extended period and engage with his cultural heritage more deeply. His parents were Indian citizens who migrated to the UK before he was born. John is a British citizen and does not hold Indian citizenship.
Under Section 7A of The Citizenship Act, 1955, John can apply to be registered as an Overseas Citizen of India (OCI) Cardholder. This status would allow him to live and work in India for an indefinite period, own property (except for agricultural land), and enjoy many other benefits similar to an Indian citizen, without giving up his British citizenship.
John can apply for OCI status because he falls under the provision that allows children of Indian citizens to become OCI Cardholders. His application would need to be in accordance with the conditions and restrictions prescribed by the Central Government, and it may be subject to security clearance. Once granted, the OCI card would facilitate his business activities and cultural engagement in India without the need for regular visas.
