Imran Khan Row: Who are OCI Cardholders, What are Their Rights? Check Rules, Eligibility, Restrictions, Govt Powers Over Them

Recently Bollywood actor Imran Khan was asked to leave India by October 28, 2026, after he participated in a protest in Mumbai against Chief Election Commissioner Gyanesh Kumar. The notice issued by the Foreigners Regional Registration Officer (FRRO) has sparked debate over the rights of Overseas Citizen of India (OCI) cardholders and the government’s powers to regulate foreign nationals.

Khan, who posses US citizenship and an OCI card, participated in a protest at August Kranti Maidan on October 10. The action against him was caused by a complaint by BJP leader Kirit Somaiya, who alleged that the actor had breached immigration rules by joining the protest. The notice invokes Sections 7 and 29 of the Immigration and Foreigners Act, 2025. Khan is reportedly considering challenging it in the Bombay High Court. 

What Is an OCI Card?

The Overseas Citizenship of India scheme was launched in 2005 to provide some privileges to eligible foreign nationals of Indian origin. Despite its name, OCI status does not leads to Indian citizenship or dual citizenship.

OCI cardholders generally secure a lifelong, multiple-entry visa and exemption from registration with the FRRO, subject to applicable rules. They also posses specified privileges linked to education, employment and some property matters.

However, they cannot vote in Indian elections, contest parliamentary or state legislative elections, or comprise all the constitutional rights granted for Indian citizens.

Eligibility And Perks For OCI Cardholders

Having Indian ancestry does not obviously make someone eligible. The applicant must fulfill the government's conditions. You may qualify if you are a foreign citizen who:

• Was an Indian citizen and later got foreign citizenship

• Is a child, grandchild or great-grandchild of an eligible person of Indian origin.

• Is a qualifying minor child of an Indian citizen or an eligible applicant.

• Is a foreign-origin spouse of an Indian citizen or OCI cardholder. The marriage must be registered and have sustained for at least two years immediately before the application.

There are exclusions, too. People who, or whose parents, grandparents or great-grandparents, have been citizens of Pakistan or Bangladesh are not eligible under the rules. Also some disqualifications may apply.

OCI Cardholders: Study, Travel, Work Access

The biggest advantage is being able to travel to India continuously without applying for a new visa every time. Besides, this the card also holds other privileges.

OCI cardholders can live and work in India, subject to applicable restrictions. They can secure definite benefits in education and economic domain, along with equality with Indian nationals for domestic airfares and entry fees at national parks, wildlife sanctuaries and travel or historical sites.

Application Process for OCI Cardholders

Applications are submitted online through the Indian government's official OCI services portal. Those applying must give a valid foreign passport, proof of their eligibility and the required supporting documents. 

Can OCI Cardholders Participate in Protests?

This is the main legal question in Khan’s case. The Immigration and Foreigners Act, 2025, does not explicitly impose a blanket prohibition on foreign nationals attending every political protest.

However, Article 19 of the Constitution, which shields freedom of speech and peaceful assembly, grants these rights specifically to Indian citizens. Foreign nationals cannot claim these rights on the same basis, although constitutional safeguards such as equality before the law and protection of life and personal liberty are implemented for every person.

What Powers Does the Government Have on OCI CardHolders?

Section 7 of the Immigration and Foreigners Act permits the government to regulate the presence and conduct of foreign nationals in India. Section 29 offers for their removal in some circumstances, including violations of the Act or similar orders.

Separately, Section 7D of the Citizenship Act, 1955, enables OCI registration to be scrapped on specified grounds, including some security-related issues  and situations affecting the public interest. Cancellation and a direction to completely leave India are distinct legal measures.