Plz tell me the difference between CITIZEN OF INDIA & PERSON OF INDIAN ORIGIN?
Plz tell me the difference between CITIZEN OF INDIA & PERSON OF INDIAN ORIGIN?
M. N. JHA
(CA)
(8316 Points)
Replied 26 June 2011
Overseas Citizenship of India
Front Cover of an OCI Registration CertificateThere now exists a provision for a new form of Indian nationality, the holders of which are to be known as Overseas Citizens of India. The Constitution of India does not permit dual citizenship or dual nationality, except for minors where the second nationality was involuntarily acquired. Indian authorities have interpreted the law to mean a person can't have a second country's passport simultaneously with an Indian one — even in the case of a child who is claimed by another country as a citizen of that country, and who may be required by the laws of the other country to use one of its passports for foreign travel (e.g., a child born in the United States to Indian parents) — and the Indian courts have given the executive branch wide discretion over this matter. Therefore, Overseas Citizenship of India is not a full citizenship of India and thus, does not amount to dual citizenship or dual nationality.
The Central Government may, on application, register any person as an Overseas Citizen of India if that Person is of Indian Origin and is from a country which allows dual citizenship in some form or the other. Broadly speaking, a "Person of Indian Origin" is a citizen of another country who:
was a citizen of India on 26 January 1950 or at any time thereafter; or
was eligible to become a citizen of India on 26 January 1950; or
belonged to a territory that became part of India after the 15th day of August, 1947; or
is the child or grandchild of a person described above; and
has never been a citizen of Pakistan or Bangladesh.
Note that children of Indian parents do not automatically fulfill these requirements, and are therefore not automatically eligible for OCI.
Indian Missions are authorized to grant applications for Overseas citizenship of India within 15 days to cases where there is no involvement in serious offences like drug trafficking, moral turpitude, terrorist activities or anything leading to imprisonment of more than a year.
The introduction of Overseas Indian Citizenship does not entitle people who have acquired, or are planning to acquire, foreign nationality, to retain their Indian passports. The law continues to require that Indian citizens who take foreign nationality must immediately surrender their Indian passports. Those who are eligible can then apply for registration as Overseas Indian Citizens.
There is no plan to issue Indian passports to Overseas Citizens of India, although the registration certificate will be in the form of a passport-like booklet (similar to the #Person of Indian Origin (PIO) Card mentioned below). The Cabinet has also directed the Ministry of Overseas Indian Affairs to work on a proposal to give biometric smart cards to registered Overseas Citizens of India.
An Overseas Citizen of India will enjoy all rights and privileges available to Non-Resident Indians excluding the right to invest in agriculture and plantation properties. There is no visa requirement for travel to India. The person has to carry his existing foreign passport along with Registration Certificate. Alternatively, the Overseas Citizen of India can apply for a new type of visa called ‘U’ visa which is a multi-purpose, multiple-entry, life-long visa for those that wish to acquire it. It will entitle the Overseas Citizen of India to visit the country at any time for any length of time and for any purpose.
An Overseas Citizen of India will not enjoy the following rights even if resident in India: (i) the right to vote, (ii) the right to hold the offices of President, Vice-President, Judge of Supreme Court and High Court, Member of Lok sabha, Rajya Sabha, Legislative Assembly or Council, (iii) appointment to Public Services (Government Service). Also Overseas Citizens of India are not eligible for an inner line permit, they have to apply for a Protected area permit if they want to visit certain areas in India.
An interesting question is whether a person registered as an Overseas Citizen of India will lose the right of diplomatic protection by their home country while in India. Article 4 of the Hague Convention on Certain Questions relating to the Conflict of Nationality Laws of 1930 provides that "a State may not afford diplomatic protection to one of its nationals against a state whose nationality such person also possesses". The case depends on two things: first, does the Indian government itself recognize Overseas Citizenship of India as a true citizenship and on that basis refuse the right of diplomatic protection by the other country; and second, does the person's home country recognize it and accept India's refusal. Both points are doubtful. India does not give Overseas Citizens an independent travel document but instead puts a visa in the other country's passport. If a person is eligible to have only another country's passport but not any form of Indian travel document, it is hard to avoid the conclusion that the person is a sole citizen of the other country for the purposes of diplomatic protection.
Acquiring Overseas citizenship of India prevents British nationals from registering as full British citizens under Section 4B of the British Nationality Act of 1981 (which requires that nationals have no other citizenship in order to register.) It does not prevent them from acquiring full British citizenship by a different method and it does not revoke their British citizenship if they have already registered under Section 4B.
The Government of India's Public Information Bureau issued a press release which explains the Scheme for Overseas citizenship of India on 29 June 2005.
Full details of the OCI scheme can be found on the Government of India,
Ministry of Home Affairs Web Page: (external link) https://mha.nic.in/oci/oci-main.htm
Person of Indian Origin (PIO) Card
Any person currently holding a non-Indian passport, who can prove their Indian origin up to three generations before (or is the spouse of a citizen of India or person of Indian origin), is eligible for a Person of Indian Origin card. Citizens of Pakistan, Bangladesh and other countries as may be specified by the Central Government are not eligible for grant of PIO Cards.
PIO cards give the holder the following benefits: (a) visa-free entry into India for fifteen years, (b) exemption from registration at a Foreigners' Regional Registration Office if the period of stay in India does not exceed 180 days (for stay of more than 180 days, the PIO card holder needs to register at a FRRO office), and (c) PIO card holders enjoy parity with Non-Resident Indians in economic, financial and educational fields.
A PIO Card is generally valid for a period of fifteen years from the date of issue.
PIO holders can acquire, hold, transfer or dispose of immovable properties in India (except agricultural/ plantation properties), open rupee bank accounts in India, lend in rupees to Indian residents, make investments in India etc.
PIO holders’ children can obtain admission in educational institutions in India in the general category quota for Non-Resident Indians, including Medical, Engineering colleges, IITs & IIMs.
PIO holders are eligible for various Housing schemes under Life Insurance Corporation of India (LIC) or Central/State Governments.
Possession of a PIO card will not entitle the holder to: (a) be eligible for the exercise of any political rights, (b) visit restricted/protected areas without permission, and (c) undertake mountaineering, research and missionary work without permission.
Source: Wikipedia.org
CA ADITYA SHARMA
(CA IN PRACTICE )
(16719 Points)
Replied 26 June 2011
CITIZEN OF INDIA MEANS WHO IS LIVING IN INDIA AND HAVE INDIAN VALID ID CARD.
PERSON OF INDIAN ORIGIN MEANS A PERSON WHOSE EITHER OF TWO PARENTS, GRAND PARENTS R BORN IN INDIA OR BORN IN UNDEVIDED INDIA. THAT IS SHORTER ANSWER
@*CS Siddharth Bumb. *
(B.Com, CA Final, CS )
(5270 Points)
Replied 26 June 2011
| Originally posted by : future ca | ||
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CITIZEN OF INDIA MEANS WHO IS LIVING IN INDIA AND HAVE INDIAN VALID ID CARD. PERSON OF INDIAN ORIGIN MEANS A PERSON WHOSE EITHER OF TWO PARENTS, GRAND PARENTS R BORN IN INDIA OR BORN IN UNDEVIDED INDIA. THAT IS SHORTER ANSWER |
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