Extract from the Indian Citizenship Act, 1955 – Overseas Citizenship

7A. Registration of overseas citizens of India –

(1) The Central Government may, subject to such conditions and restrictions as may be prescribed, on an application made in this behalf, register as an overseas citizen of India

1. any person of full age and capacity,
   
   
   1. 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
      
      
   2. 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
      
      
   3. 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
      
      
   4. who is a child or a grandchild of such a citizen; or
      
      
2. a person, who is a minor child of a person mentioned in clause (a); or
   
   
3. (c) 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
   
   
4. (d) 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 proceeding the presentation of the application under this section:
   
   Provide that for the eligibility of registration as Overseas Citizen of India cardholder, such spouse shall be subjected to priority security clearance from a competent authority in India.

Provided that no person, who 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.

(2) The Central Government may, by notification in the Official Gazette, specify the date from which the existing Persons of Indian Origin cardholders shell be deemed to be Overseas Citizens of India cardholders.

Explanation – For the purposes of sub-section (2), Persons of Indian Origin cardholders mean the person registered as such under notification number 26011/4/98 F.I. dated the 19th August, 2002, issued by the Central Government in this regard.

7B. Conferment of rights on overseas citizens of India –

1. Notwithstanding anything contained in any other law for the time being in force, an overseas citizen of India shall be entitled to such rights other than the rights specified under subsection(2) as the Central Government may, by notification in the Official Gazette, specify in this behalf.
   
   
2. An overseas citizen of India shall not be entitled to the rights conferred on a citizen of India
   
   
   1. under article 16 of the Constitution with regard to equality of opportunity in matters of public employment;
      
      
   2. under article 58 of the Constitution for election as President;
      
      
   3. under article 66 of the Constitution for election of Vice-President;
      
      
   4. under article 124 of the Constitution for appointment as a Judge of the Supreme Court;
      
      
   5. under article 217 of the Constitution for appointment as a Judge of the High Court;
      
      
   6. under section 16 of the Representation of the People Act, 1950 (43 of 1950) in regard to registration as a voter;
      
      
   7. under sections 3 and 4 of the Representation of the People Act, 1951 (43 of 1951) with regard to the eligibility for being a member of the House of the People or of the Council of States, as the case may be;
      
      
   8. under section 5, 5A and 6 of the Representation of the People Act, 1951 (43 of 1951) with regard to the eligibility for being a member of the Legislative Assembly or Legislative Council, as the case may be, of a State;
      
      
   9. for appointment to public services and posts in connection with the affairs of the Union or of any State, except for appointment in such services and posts as the Central Government may by special order in that behalf specify.
      
      
3. Every notification issued under subsection (1) shall be laid before each House of Parliament.

7C. Renunciation of overseas citizenship –

1. If any overseas citizen of India of full age and capacity makes, in the prescribed manner, a declaration renouncing his overseas citizenship of India, the declaration shall be registered by the Central Government, and; upon such registration, that person shall cease to be an overseas citizen of India.
   
   
2. Where a person ceases to be an overseas citizen of India under subsection (1), every minor child of that person registered as an overseas citizen of India, shall thereupon cease to be an overseas citizen of India.
   
   

7D. Cancellation of registration as overseas citizen of India- The Central Government may, by order, cancel the registration granted under subsection(1) of section 7A if it is satisfied that

1. the registration as an overseas citizen of India was obtained by means of fraud, false representation or the concealment of any material fact; or
   
   
2. the overseas citizen of India has shown disaffection towards the Constitution of India as by law established; or
   
   
3. the overseas citizen of India has, during any war in which India may be engaged, unlawfully traded or communicated with an enemy or been engaged in, or associated with, any business or commercial activity that was to his knowledge carried on in such manner as to assist an enemy in that war; or
   
   
4. the overseas citizen of India has, within five years after registration under subsection(1) of section 7A has been sentenced to imprisonment for a term of not less than two years; or
   
   
5. it is necessary to do so in the interest of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public; or
   
   
6. (f) the marriage of an Overseas Citizen of India cardholder, who has obtained such card under clause (d) of sub-section (1) section 7A –
   1. has been dissolved by a competent court of law or otherwise; or
      
      
   2. has not been dissolved but, during the subsistence of such marriage, he has solemnized marriage with any other person.