John Brittas MP urges review of OCI rule allowing cancellation on charge-sheeting

New Delhi: Rajya Sabha MP Dr John Brittas has written to Union Home Minister Amit Shah expressing serious concern over the Home Ministry’s notification dated August 12, 2025, which permits cancellation of Overseas Citizen of India (OCI) registration if the cardholder is charge-sheeted for an offence punishable with seven years or more in prison.

Brittas said the move raises grave legal and constitutional issues, as it allows cancellation without a final court verdict or conviction. He noted that a charge sheet is merely a police document without judicial finality and that only a competent court can determine guilt.

He further argued that the notification goes beyond the scope of powers granted under the Citizenship Act, 1955, effectively amounting to an amendment of the parent law without Parliament’s approval. The lack of a judicial finding before such cancellation, he warned, could lead to arbitrary or prejudicial action and erode the constitutional guarantees of fairness and equality before law.

Citing the deep social and economic contributions of the Indian diaspora, Brittas urged the Home Minister to review and withdraw the notification to ensure that any action against OCI cardholders is taken strictly in accordance with law and only after due judicial determination.