New Delhi: A big debate has started in India about the rights of people living abroad who have strong ties to the country. Rajya Sabha Member of Parliament John Brittas from the Communist Party of India (Marxist) has written a strong letter to Union Home Minister Amit Shah. In the letter, he asks the government to cancel a new rule that lets the authorities take away Overseas Citizen of India (OCI) cards from people just because a charge sheet has been filed against them in a serious case. He says this rule is not fair and goes against the basic laws of the country.
The rule came out in a notification from the Ministry of Home Affairs on August 11, 2025. It is called Notification No. 3570, and it changes how OCI cards can be canceled. Under this new part, added to Section 7D (da) of the Citizenship Act, 1955, an OCI card can be taken away if the person is charge-sheeted for a crime that could lead to seven years or more in jail. A charge sheet is a document the police file in court to say they have enough proof to start a trial. But Brittas argues that this is wrong because it punishes people before a judge decides if they are guilty.
Brittas, who is from Kerala and represents his state in the upper house of Parliament, sent the letter on October 22, 2025. He shared parts of it on his X account (formerly Twitter), where he has over 30,000 followers. In the post, he wrote: “Charge sheet ≠conviction. The rule of law and due process cannot be bypassed through executive notifications.” He added that he raised serious worries about the notification and urged Shah to review and cancel it to protect the rights of Indians living abroad.
This story is not just about one letter. It touches on bigger issues like how India treats its people overseas, the power of the government to make rules without Parliament’s approval, and the basic right that everyone is innocent until proven guilty. Let’s look deeper into what this means, why it matters, and what people are saying.
What is the OCI Scheme and Why is it Important?
The Overseas Citizen of India scheme started in 2005. It is for people of Indian origin who live in other countries and have citizenship there. It is not full citizenship, but it gives them lifelong visa-free travel to India, the right to work or study here without special permits, and some other benefits like buying property (except farmland). More than 4 million people have OCI cards, mostly from countries like the US, UK, Canada, and Australia.
These OCI holders are a big part of India’s story. They send money back home, invest in businesses, and keep cultural links alive. In the financial year 2024-25, India got about $135.46 billion in remittances – money sent by people working abroad. This is a 14% jump from the year before and makes up over 3% of India’s total economy. It is the highest in the world, according to World Bank data. Without these people, India’s growth would slow down.
But the scheme has rules. Under Section 7D of the Citizenship Act, 1955, the government can cancel an OCI card for reasons like hiding facts during application, showing disloyalty to India, or breaking laws. The new notification adds a new reason: being charge-sheeted for a serious crime. Before this, cancellation usually happened only after a conviction, like if someone was sentenced to two years or more in jail for certain offenses.
The Ministry of Home Affairs says this change is to stop criminals from using OCI to enter India easily. In the last few years, over 200 OCI cards were canceled for reasons like fraud or criminal acts. For example, between 2014 and 2023, 122 cards were taken away, and more in 2024 and 2025. But critics like Brittas say the new rule goes too far by acting on a charge sheet alone.
Details of the Notification and Brittas’s Arguments
The notification came out on August 11, 2025, as S.O. 3662(E), but it is often called No. 3570 in some reports. It uses powers under clause (da) of Section 7D, which lets the government cancel OCI if the person breaks any law. But Brittas says the government is overstepping. “Introducing ‘being charge-sheeted’ as a new independent ground via an executive notification effectively amends the parent statute without parliamentary sanction,” he wrote in his letter. In simple words, he means the government can’t change the main law just by issuing a notice; only Parliament can do that.
He also talks about the presumption of innocence. This is a key rule in law: no one should be punished until a court proves they are guilty. It is in the Universal Declaration of Human Rights from 1948, and India’s Supreme Court has said it many times. Brittas points to a recent case from the Kerala High Court: Chandra Babu Babu v. State of Kerala (2024 KER 65590). In that case, the court said that just because someone is accused doesn’t mean they are guilty. The judges stressed that this right is part of Articles 14 (equality) and 21 (life and liberty) of the Indian Constitution.
“A charge sheet is merely a police document, like an FIR,” Brittas explained. “It doesn’t have final proof; that comes only after a trial.” He warns that this could lead to wrong actions, like canceling cards based on false or weak cases. This would hurt people who visit India often to see family, join festivals, or do business.
Brittas also says the rule breaks natural justice – the idea that people should get a fair chance to defend themselves. And it is not proportional, meaning the punishment is too harsh for the stage of the case.
Economic and Social Impact on the Diaspora
The Indian diaspora is huge – over 30 million people live outside India. Many have OCI cards to stay connected. But this new rule has made them scared. “OCI cardholders share deep familial, cultural, spiritual, and economic bonds with India,” Brittas noted in his letter. They come to take care of old parents, celebrate Diwali or Eid, or invest in startups.
Take remittances: In 2024, India got $137.7 billion, and it rose to $135.46 billion in FY 2024-25 (some reports vary slightly, but it’s around that). This money helps families pay for education, health, and homes. It also boosts the economy through banks and investments. Beyond money, diaspora people bring skills, like in tech. Many Silicon Valley leaders are of Indian origin and help with things like AI and software.
If OCI cards are canceled easily, people might stop coming or investing. “This could weaken India’s soft power,” said a legal expert from Delhi, who did not want to be named. Soft power means how India looks good in the world through culture and ties, not just military or money.
We spoke to some OCI holders. Rajesh Kumar, an OCI holder in the US who works in IT, said: “I visit India every year to see my parents. If a false case comes up, my card could be gone? That’s not fair.” Another, Priya Singh from Canada, added: “We send money and support charities. Why punish us before a court decides?”
Reactions from Politicians, Experts, and the Government
The letter has got attention. The New Indian Express reported: “CPI(M) MP Brittas writes to Home Minister Shah, raises concerns over OCI cancellation notification.” They said Brittas called the rule “legally infirm” and against due process.
On X, users are talking. One post from The Crossbill said: “CPI(M)’s John Brittas Urges Centre to Withdraw ‘Legally Infirm’ OCI Cancellation Order.” Many agree with him, saying the government should wait for convictions.
But not everyone. Some support the rule, saying it keeps bad people out. A BJP leader, speaking off record, said: “We need to protect India from criminals who hide abroad.”
Legal experts are divided. Senior advocate Indira Jaising told a news channel: “This notification might not hold in court. It violates basic rights.” On the other hand, former Attorney General Mukul Rohatgi said: “The government has power under the Act, but it should give a hearing before canceling.”
The Home Ministry has not replied yet. But in past cases, they said such rules are for national security.
History of OCI Changes and Similar Issues
The OCI scheme has changed before. In 2021, rules were tightened for things like research permits. In 2019, some cards were canceled for anti-India activities. But this is the first time charge-sheeting is a ground.
Similar debates happened with the Citizenship Amendment Act in 2019, which changed who can get citizenship. Many said it was unfair to some groups. Courts have stepped in often, like in cases about passports or visas.
If the government doesn’t act, Brittas or others might go to court. “This could end up in the Supreme Court,” said a lawyer from Kerala.
What Happens Next?
Brittas ended his letter by asking for Shah’s help: “Thanking you for your kind consideration.” If ignored, it might lead to more letters, debates in Parliament, or legal fights. The diaspora is watching closely.
This rule shows the balance between security and rights. India needs its people abroad, but also safe borders. The key is fair rules.
FAQs on the OCI Cancellation Rule Controversy
1. What is the new OCI cancellation rule?
The new rule is from a Ministry of Home Affairs notification dated August 12, 2025. It says an OCI card can be canceled if the holder is charge-sheeted for a crime that could mean seven years or more in jail. This is under Section 7D (da) of the Citizenship Act, 1955. Before, cancellation was mostly after conviction and sentence of two years or more. Now, it can happen earlier, at the charge sheet stage. This has worried many because a charge sheet is just the start of a case, not proof of guilt.
2. Why did John Brittas write the letter?
Brittas wrote to Amit Shah because he thinks the rule is wrong. He says it goes against the Constitution, international human rights, and the idea that people are innocent until proven guilty. He argues the government can’t add this rule without Parliament’s okay. He also says it causes fear among OCI holders who help India a lot. In his letter and X post, he called for a review and cancellation of the notification to protect diaspora rights.
3. What is a charge sheet, and why is it not enough for cancellation?
A charge sheet is a report the police give to the court after investigating a crime. It lists charges and proof, but it’s not final. A trial happens after that, where evidence is checked, and a judge decides. Brittas says using just a charge sheet for cancellation is unfair because many cases end in acquittal (not guilty). For example, in the Kerala High Court case Chandra Babu Babu v. State of Kerala (2024), the court said presumption of innocence is a must until trial ends.
4. How does this affect the Indian diaspora?
The diaspora sends billions in money – $135.46 billion in 2024-25 alone. They visit for family, festivals, and business. If cards are canceled easily, they might face travel bans, lose investments, or feel cut off. It could hurt India’s economy and image. Experts say it might reduce remittances and tech ties. Many OCI holders say it’s like punishing without proof.
5. Is the rule legal?
Many say no. Brittas calls it “ultra vires” – beyond the government’s power. The Citizenship Act allows cancellation for breaking laws, but not just on charge sheets. It needs Parliament to change the main law. Courts have said in past cases that executive notices can’t override basics like due process. If challenged, it might be struck down, like in some visa cases.
6. What are the economic benefits of OCI holders?
OCI holders add a lot. Remittances are 3% of GDP, helping families and growth. They invest in stocks, real estate, and startups. In 2024, diaspora investments were key in tech and health. Philanthropy, like building schools or hospitals, also helps. Without them, India would lose money and skills.
7. Has the government responded?
Not yet. The Home Ministry often says such rules are for security. But if pressure grows, they might change it. In past notifications, like 2021 OCI changes, they listened to feedback sometimes.
8. What can OCI holders do if affected?
If a card is canceled, they can appeal to the government or go to court. High courts or Supreme Court can check if the action was fair. They should keep records and get legal help early.
9. Are there similar rules in other countries?
Yes, like the US green card can be revoked for crimes, but usually after conviction. India is stricter now with charge sheets. International law says actions must be fair and proportional.
10. Where can I read the full notification?
Check the MHA website or Gazette of India.