NEW DELHI: The Communist Party of India-Marxist (CPIM) MP John Brittas has written to the Union Home Minister Amit Shah expressing serious concerns over the recent notification under the Citizenship Act, 1955 allowing cancellation of Overseas Citizens of India (OCI) registration upon charge-sheeting for certain offences. In his letter, he noted that such a measure raises serious legal, constitutional, and procedural concerns.
In his letter, Brittas highlighted legal, constitutional, and procedural issues, urging the government to ensure any action affecting OCI cardholders is taken strictly in accordance with law and only after due judicial determination by a court of competent jurisdiction.
“Beyond its legal infirmities, the measure also raises concerns under the principles of natural justice, due process, and proportionality. The absence of a judicial finding prior to cancellation could expose OCI cardholders to arbitrary or prejudicial action, thereby undermining the constitutional guarantees of fairness and equality before law. The Overseas Citizen of India programme has long stood as a symbol of India’s openness, inclusivity, and civilizational continuity, strengthening our soft power and reinforcing emotional bonds with our diaspora,” he wrote.
The CPI(M) MP further stated that the inclusion of mere charge-sheeting as a ground for cancellation of OCI registration, without a judicial finding of guilt, raises profound legal and constitutional concerns. “A charge sheet, being only a police document, carries no evidentiary or judicial finality. The Universal Declaration of Human Rights, 1948, enshrines the principle that everyone charged with a penal offence has the right to be presumed innocent until proven guilty according to law in a public trial, with all necessary guarantees for their defence,” he added.
The MP also said the notification effectively amends the parent statute without parliamentary sanction, as the law does not confer authority to introduce new grounds for cancellation such as “being charge-sheeted.”
Brittas in his communiqué noted that OCI visits the country frequently to care for their parents and relatives, participate in cultural and religious observances, invest in Indian enterprises, and contribute significantly to the national development.
“This provision has caused deep anxiety among the global Indian diaspora, who have consistently served as most dedicated partners in India’s growth story. OCI cardholders maintain deep and abiding ties with India - familial, cultural, spiritual, and economic… India received an estimated USD 135.46 billion in remittances in FY 2024–25 alone, an increase of 14 percent over the previous year, accounting for over three percent of the nation’s GDP, the highest among remittance-receiving countries globally. Beyond remittances, their investments, philanthropy, and technological collaborations continue to strengthen India’s economic and social fabric in immeasurable ways,” his letter read.
Overseas Citizen of India (OCI) is a permanent residency status granted to people of Indian origin who hold foreign citizenship. OCI cardholders are not full Indian citizens—they cannot vote, hold public office, or buy agricultural land—but they enjoy visa-free travel to India, indefinite stay, and many rights similar to Non-Resident Indians, including the ability to work, study, and own non-agricultural property. The scheme is designed to maintain strong ties between India and its global diaspora.
