CPI(M) MP John Brittas. File | Photo credit: The Hindu
The Union Home Ministry’s latest directive, which allows cancellation of Overseas Citizenship of India (OCI) status if the card holder is accused of an offense punishable by seven years or more, is “legally incompetent” and “violates natural justice”, CPI(M) Rajya Sabha leader John Brittas said on Wednesday (Oct 252).
In a letter to Home Minister Amit Shah, he urged the government to review and withdraw the notification.
The August 12, 2025 notification allows OCI status to be revoked if the cardholder is charged with an offense for which he or she has been sentenced to seven years’ imprisonment or more, even without conviction.
Mr. Brittas called the provision “deeply troubling,” arguing that it undermines the principle of the presumption of innocence and violates constitutional guarantees of due process. He said any action involving OCI cardholders must be based on a court decision and not mere procedural steps in a criminal investigation.
In his letter, Brittas said the move raised concerns among the Indian diaspora, which has long contributed to India’s development through remittances, investment and cultural engagement. India received over $135 billion in remittances in the fiscal year 2024-25, which is more than 3% of its GDP, he noted.
The MP argued that the notification exceeded the scope of powers delegated under Section 7D of the Citizenship Act 1955 and constituted an overreach of executive power. “A charge is not a judicial finding of guilt,” he wrote, referring to Supreme Court and Kerala High Court decisions upholding the presumption of innocence as a fundamental right under Articles 14 and 21.
He said any action involving OCI cardholders must be based on a court decision and not mere procedural steps in a criminal investigation.
Published – 22 Oct 2025 20:56 IST
