CJP Protests: Amid demonstrations against Chief Election Commissioner Gyanesh Kumar, actor Imran Khan has been asked to leave India by October 28 for participating in the October 10 protest in Mumbai. The notice points out to Sections 7 and 29 of the Immigration and Foreigners Act, 2025, raising questions regarding the government's powers over foreign nationals and the rights of Overseas Citizens of India (OCI) cardholders.
Imran Khan is a US citizen and holds an OCI card. He was detained during the protest after a complaint filed by BJP leader Kirit Somaiya. He alleged that the actor had broken the law by taking part in the protest.
Speaking to the reporters, Somaiya said, "There are thousands of Imran Khans in India. They want to live here and defame the country. Action should be taken against all such people, and they should be deported."
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What Is an OCI card?
The full form of OCI is Overseas Citizens of India and this card is issued to eligible Indians who hold foreign citizenship. It gives the cardholder certain privileges, including a lifelong, multiple-entry visa to India, subject to applicable rules.
Can OCI Cardholders Vote in India?
OCI cardholders can neither vote in India nor contest elections to Parliament or state legislatures. They rather remain under Indian laws governing foreign nationals and immigration. Although their origin is India, OCI status restricts their right to remain in India for life.
OCI Cardholders Cannot Enjoy Same Constitutional Rights as Indians
According to TOI, Supreme Court advocate Amitraj Kaushal said that an OCI card allows certain benefits but does not give its holder the same constitutional and political rights as Indians.
"An OCI card is best understood as a long-term relationship with India and not citizenship. It gives a lifelong multiple-entry visa and parity with NRIs on travel work and property. But the Citizenship Act 1955 keeps political rights like voting and contesting elections out of its reach," Kaushal said.
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Can OCI cardholders participate in Protests in India?
According to advocate Kaushal, the law does not totally ban OCI cardholders from participating in peaceful protests. However, only Indian citizens have the right to assemble peacefully in protests under Article 19 of the Indian Constitution. An OCI cardholder cannot claim this right.
An OCI cardholder will enjoy equality before the law under Article 14 and Article 21 (right to life and personal liberty). Both these provisions include foreign nationals along with Indian citizens.
On What Grounds Can OCI Registration Get Cancelled?
A major risk for an OCI cardholder lies in the immigration consequences if they violate an Indian law. Under Section 7D, an OCI card could get cancelled if the holder breaches Indian laws or acts against the interests of the people or poses a threat to the country's security.
This is different from the government's powers under immigration and foreigners laws to regulate their stay in India.