Imran Khan asked to leave India: What rights do OCI cardholders have?

NEW DELHI: Actor Imran Khan has been asked to leave India by October 28 after participating in a protest against Chief Election Commissioner Gyanesh Kumar in Mumbai on October 10. The notice invokes Sections 7 and 29 of the Immigration and Foreigners Act, 2025, raising questions about the government's powers over foreign nationals and the rights of Overseas Citizen of India (OCI) cardholders.The actor holds US citizenship and an OCI card. He was detained during the protest, and the action followed a complaint by BJP leader Kirit Somaiya, who alleged that Khan had violated the law by participating in the demonstration."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," Somaiya told reporters.What do Sections 7 and 29 of the Immigration and Foreigners Act mean?Section 7 empowers the Central Government to regulate or restrict the entry, departure or continued presence of foreign nationals in India. It also allows the government to impose conditions on their stay and movement in the country.Section 29 deals with the removal of foreign nationals from India. It provides for the removal of a foreigner in circumstances covered by the Act, including violations of its provisions or orders made under it and cases involving an adverse security report.In Khan's case, the notice reportedly directs him to leave India by October 28 following his participation in the October 10 protest. The notice and the allegations against him do not, by themselves, establish that he committed an offence."Imran Khan holds foreign citizenship and is not an Indian national. Under relevant provisions of the Foreigners/Immigration Act, foreign nationals are prohibited from participating in political protests or political activities on Indian soil," a police official said.ALSO READ: CJP's Dipke questions Imran Khan's 'Leave India' notice, cites Mary Millben's support for BJPWhat is an OCI card and what rights does it give?An Overseas Citizen of India card is granted to eligible people of Indian origin who hold foreign citizenship. Despite its name, an OCI card does not confer Indian citizenship. It provides certain privileges, including a lifelong, multiple-entry visa to India, subject to applicable rules.OCI cardholders cannot vote in Indian elections or contest elections to Parliament or state legislatures. They also remain subject to Indian laws governing foreign nationals and immigration. Their OCI status does not give them an unconditional right to remain in India.Amitraj Kaushal, advocate at the Supreme Court of India, said an OCI card provides certain privileges but does not give its holder the same constitutional and political rights as an Indian citizen."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.Can OCI cardholders participate in protests in India?The advocate further added that the law does not expressly prohibit OCI cardholders from participating in peaceful gatherings. However, the constitutional right to assemble peacefully under Article 19 is available to Indian citizens, and OCI cardholders cannot claim that right on the same basis."On protests the law is quiet rather than strict. Nothing in the Act expressly bars an OCI holder from joining a peaceful gathering. However the freedom to assemble under Article 19 is a right of citizens. An OCI holder cannot invoke it the way a citizen can. Articles 14 and 21 still apply to every person," he said.Article 14 guarantees equality before the law, while Article 21 protects life and personal liberty. Both provisions apply to every person, including foreign nationals.Kaushal said the more significant legal risk for an OCI cardholder lies in the immigration consequences of an alleged violation of Indian law."The real exposure is on the immigration side. Section 7D allows cancellation of the card if the holder breaks Indian law or acts against public interest or the country's security. This can happen only after a hearing. Separately the Centre has wide powers under the Foreigners Act to ask a foreign national to leave India," he said.Section 7D of the Citizenship Act, 1955, deals with the cancellation of OCI registration on specified grounds. This is separate from the powers available to the government under immigration and foreigners laws to regulate a foreign national's stay in India.