7 months ago
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The Union Home Ministry’s latest directive, which allows for the cancellation of Overseas Citizenship of India (OCI) presumption if the cardholder is chargesheeted for an offence carrying a condemnation of 7 years oregon more, is “legally infirm” and “violative of earthy justice”, CPI(M)’s Rajya Sabha person John Brittas said connected Wednesday (October 22, 2025).
In a missive to Home Minister Amit Shah, helium urged the authorities to reappraisal and annul the notification.
The August 12, 2025, notification allows for the cancellation of OCI presumption if a cardholder is chargesheeted for an offence carrying a condemnation of 7 years oregon more, adjacent without a conviction.
Mr. Brittas termed the proviso “deeply troubling”, arguing that it undermined the rule of presumption of innocence and violated law guarantees of owed process. He said immoderate enactment affecting OCI cardholders indispensable beryllium based connected judicial determination and not specified procedural steps successful transgression investigation.
In his letter, Mr. Brittas said the determination had triggered anxiousness among the Indian diaspora, who had agelong contributed to India’s improvement done remittances, investments, and taste engagement. India received implicit $135 cardinal successful remittances successful FY 2024–25, accounting for much than 3% of its GDP, helium noted.
The MP contended that the notification exceeded the scope of powers delegated nether Section 7D of the Citizenship Act, 1955, and amounted to an enforcement overreach. “Being chargesheeted is not a judicial uncovering of guilt,” helium wrote, citing Supreme Court and Kerala High Court rulings that affirm the presumption of innocence arsenic a cardinal close nether Articles 14 and 21.
He said immoderate enactment affecting OCI cardholders indispensable beryllium based connected judicial determination and not specified procedural steps successful transgression investigation.
