CPI(M) MP John Brittas. File
| Photo Credit: The Hindu
The Union Home Ministry’s latest directive, which allows for the cancellation of Overseas Citizenship of India (OCI) status if the cardholder is chargesheeted for an offence carrying a sentence of seven years or more, is “legally infirm” and “violative of natural justice”, CPI(M)’s Rajya Sabha leader John Brittas said on Wednesday (October 22, 2025).
In a letter to Home Minister Amit Shah, he urged the government to review and annul the notification.
The August 12, 2025, notification allows for the cancellation of OCI status if a cardholder is chargesheeted for an offence carrying a sentence of seven years or more, even without a conviction.
Mr. Brittas termed the provision “deeply troubling”, arguing that it undermined the principle of presumption of innocence and violated constitutional guarantees of due process. He said any action affecting OCI cardholders must be based on judicial determination and not mere procedural steps in criminal investigation.
In his letter, Mr. Brittas said the move had triggered anxiety among the Indian diaspora, who had long contributed to India’s development through remittances, investments, and cultural engagement. India received over $135 billion in remittances in FY 2024–25, accounting for more than 3% of its GDP, he noted.
The MP contended that the notification exceeded the scope of powers delegated under Section 7D of the Citizenship Act, 1955, and amounted to an executive overreach. “Being chargesheeted is not a judicial finding of guilt,” he wrote, citing Supreme Court and Kerala High Court rulings that affirm the presumption of innocence as a fundamental right under Articles 14 and 21.
He said any action affecting OCI cardholders must be based on judicial determination and not mere procedural steps in criminal investigation.
Published – October 22, 2025 08:56 pm IST
