Imran Khan asked to leave India: What are the rights of OCI card holders?

Actor Imran Khan, an American citizen and OCI (Overseas Citizen of India) card holder, has been asked to leave India by October 28 after he participated in a protest against Chief Election Commissioner Gyanesh Kumar in Mumbai. The Foreigners Regional Registration Office (FRRO) issued the notice following a complaint by BJP leader Kirit Somaiya, who alleged that Mr Khan had violated the law by participating in the demonstration. The notice refers to sections 7(2)(c) and 29 of the Immigration and Foreigners Act 2025.

What is an OCI card and who is eligible?

The OCI regime allows eligible foreign nationals of Indian origin to register as overseas citizens of India. But OCI does not confer Indian citizenship.

Under Section 7A of the Citizenship Act, 1955, eligibility applies to people who were Indian citizens when the Constitution came into force on 26 January 1950 or who became citizens thereafter; those who are eligible for Indian citizenship at that time; people belonging to territories which became part of India after 15 August 1947; and their children, grandchildren and great-grandchildren. Certain minor children and foreign spouses of Indian citizens or registered OCI cardholders are also eligible, subject to statutory conditions.

On the other hand, people who or whose parents, grandparents or great-grandparents are or were citizens of Pakistan, Bangladesh or any other country notified by the Central Government are not eligible.

What authorizations does the OCI card provide?

OCI cardholders are granted a lifetime multiple-entry visa to India and are generally exempt from registration with the FRRO, regardless of their length of stay.

They have the same value as Indian nationals in terms of domestic flights and entrance fees to national parks, wildlife sanctuaries, national monuments, historical sites and museums. They are also given parity with non-resident Indians (NRIs) in certain matters, including the purchase and sale of immovable property other than agricultural land, estates and plantations.

OCI cardholders can also practice certain professions such as medicine, dentistry, nursing, pharmacy, law, architecture and chartered accountancy in accordance with their respective laws. They can also appear for some national entrance exams including NEET and JEE, but only for NRIs or supernumerary seats where applicable.

But they require special permission for activities such as research, missionary work, Tabligh, mountain climbing and journalism. Authorization is also required for certain internships and employment involving foreign diplomatic missions or governments and visits to protected or restricted areas.

In other economic, financial and educational matters not covered by special notifications, OCI cardholders have parity with foreign nationals.

Do OCI cardholders have political rights?

No. OCI registration does not confer political rights on Indian citizens.

According to Section 7B of the Citizenship Act, OCI card holders cannot vote or participate in elections. They are also ineligible for several constitutional offices, including President, Vice President and judges of the Supreme Court and High Courts, as well as most public jobs reserved for Indian citizens.

Article 19 of the Constitution, which guarantees freedoms including expression and peaceful assembly, applies specifically to citizens. OCI card holders cannot claim these basic rights like Indian citizens.

Can an OCI cardholder participate in a political protest?

The Immigration and Aliens Act 2025, which replaced the Aliens Act 1946, gives the government powers to regulate the presence and activities of foreign nationals in India. OCI cardholders remain foreign nationals under immigration law.

The law does not expressly prohibit foreign nationals from participating in political rallies or demonstrations. However, its provisions allow the government to limit their activities and continued presence in India.

The notice issued to Mr. Khan refers to Section 7(2)(a). c) as amended by § 29.

Section 7 empowers the government to regulate or restrict the entry, exit and permanent presence of aliens. According to § 7 paragraph 2 letter (c) the Government may order an alien not to remain in India or in a specified area.

Section 29 empowers the Government to order the deportation of an alien for contravention of the Act, its rules or regulations issued thereunder or on the basis of an adverse security report. It also empowers officials to exercise reasonable powers to enforce these guidelines.

Section 7 separately allows the government to restrict the alien’s association with specified persons, prohibit specified activities and regulate behavior. However, the notice to Mr Khan invokes the power to order him to leave India, rather than a provision specifically dealing with restrictions on activities.

In 2020, the Calcutta High Court struck down a notice ordering Polish student Kamil Siedczynski to leave India after he attended an anti-CAA rally in Calcutta. The court found the notice insufficient and ruled that mere attendance at a political rally was insufficient to justify a claim. The court then noted that while rights under Article 19 are specifically guaranteed to citizens, the right to hold political opinions and participate in political activities falls under Article 21, a right to life and personal liberty that even foreigners have.

The 2025 Act has since replaced this law, but retains broad enforcement powers over foreign nationals. The legality of the action against Mr. Khan must therefore be reviewed in light of the new law and the specific grounds set out in the notice.

Can the government cancel OCI registration?

Yes. Section 7D of the Citizenship Act empowers the Central Government to cancel the registration of an OCI on specified grounds.

These include obtaining registration by fraud, misrepresentation or concealment of material facts, disloyalty to the Constitution, certain dealings with the enemy during a war involving India, and being sentenced to imprisonment of at least two years and up to five years from registration.

Registration may also be canceled if the Government deems it necessary in the interests of India’s sovereignty and integrity, security, friendly relations with foreign countries or the general public.

What remedies are available?

Mr. Khan may approach the FRRO or the Central Government and seek reconsideration or withdrawal of the notification.

Section 7 of the Immigration and Aliens Act does not provide for a comparable appeal procedure against an order to leave India. He can also approach the High Court under Article 226 of the Constitution, challenge the notification and seek interim protection against its enforcement. It is learned that Mr Khan’s lawyers have already approached the Supreme Court.

The notice requires him to leave India by October 28. Unless the FRRO withdraws or modifies it or the court grants interim protection, the order remains in force.

Published – 16 Oct 2026 15:14 IST