Why Don't You Apply For Indian Citizenship - Supreme Court Asks OCI Students Seeking Admission in Non-NRI Seats

11/29/22, 7:50 PM Why Don't You Apply For Indian Citizenship?
n Citizenship? Supreme Court Asks OCI Students Seeking Admission In Non-NRI Seats
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Why Don't You Apply For Indian

Citizenship? Supreme Court Asks OCI
Students Seeking Admission In Non-NRI
Seats
LIVELAW NEWS NETWORK 29 Nov 2022 5:54 PM
https://www.livelaw.in/top-stories/why-dont-you-apply-for-indian-citizenship-supreme-court-asks-oci-students-seeking-admission-in-non-nri-seats-215… 1/17
11/29/22, 7:50 PM Why Don't You Apply For Indian Citizenship? Supreme Court Asks OCI Students Seeking Admission In Non-NRI Seats
The Supreme Court on Tuesday asked why don't the children of Overseas
Citizens of India (OCI), who are staying in India, apply for Indian citizenship
after giving up their foreign citizenship.
The Court raised this query while hearing a batch of petitions challenging the
Centre's 2021 notification as per which OCI students are entitled to apply
only to NRI seats in NEET admissions.
Senior Advocate KV Vishwanathan, appearing for the petitioners, submitted
that he is representing students, who are born to OCI parents, and have been
residing in India. He stated that OCIs can't be compared with Non-Resident
Indians (NRIs), as the NRIs are living abroad and are earning in foreign
currency. However, many OCI families are staying in India.
Also Read - Child Pornography : Supreme Court Directs Another Meeting
Of Expert Committee For Measures To Remove Offensive Videos From
Internet
"They have comeback and their children have completed their studies till
12th here and suddenly a notification in 2021 says you will be on par with the
NRIs and will not be able to apply for general seats or All India Quota even
though they fulfil the domicile requirement", the senior lawyer submitted.
At this juncture, the bench comprising Justices AS Bopanna and Sudhanshu
Dhulia became curious as to why the OCI persons are staying in India.
Vishwanathan explained that OCI was a concept introduced by the
Government of India in 2005 to confer certain certain rights to persons of
Indian origin, who may have foreign citizenship, so that they are encouraged
to settle in India and give their services here. In some cases, children may
have got foreign citizenship when they were born abroad while their parents
were working there, and they might have returned to India later. They might
have grown in India, but with the OCI status due to their foreign citizenship.
Hence, the senior counsel contended, it will be illogical to compare them to
NRIs, who are practically living outside India.
Also Read - "Human Beings Die In Jallikattu Too" : Petitioners Argue Before
Supreme Court In Pleas Against Jallikattu And Similar Activities
At this point, Justice Bopanna commented about the practice followed by
some people, whereby the delivery of the child is planned in such a way so
that it takes place in a foreign country where automatic citizenship is granted
on birth. "But later, they will face problems like this. You are neither there nor
here. You are stuck", Justice Bopanna commented.
"Why don't you get Indian citizenship here?", Justice Dhulia asked.
Also Read - Supreme Court Directs States To Furnish Data Of Cases Where
Prisoners Remain In Jail As They Can't Fulfil Bail Conditions
Vishwanathan replied that a decision regarding citizenship can be taken only
after a person attains the age of majority and most of the students applying
for admissions are minors. He pointed out that the percentage of NRI seats
in medical admissions is very less and the fees for such seats is exorbitant,
which can't be afforded by OCI students living in India.
"The NRIs earn in dollars or other foreign currencies. But the OCI parents here
earn in Rupee and pay tax. But their ward is OCI, who is now treated as NRI
as per the 2021 notification. The flipside is that they can't go to a college in
foreign countries as they are not considered a home candidate".
Also Read - Plea To Enforce Fundamental Duties : Supreme Court Grants
Last Opportunity To Centre To File Affidavit
Advocate Kanu Agarwal, appearing for the Union Government, requested for
adjournment as the Solicitor General and Additional Solicitor General are
engaged in another hearing. The Union's counsel added that the petitioners
are trying to compete in the seats meant for Indian citizens, who have no
avenues outside, whereas, the OCI students can get citizenship rights
abroad.
Commenting that medical seats are a "scarce commodity", Justice Dhulia
asked Viswanathan, "why don't you give up the citizenship there?".
In reply, Vishwanathan submitted that the petitioners are not asking for the
conferral of any new rights but the continuation of the benefits which were
being given till 2021. In this regard, he referred to Section 7B of the
Citizenship Act 1955, which states that the OCI persons are entitled to the
rights specified by the Government. Since the rights had been in existence for
long, there is a legitimate expectation and the sudden withdrawal of the
rights is arbitrary, he argued. Many OCIs chose to settle in India on the basis
of the rights conferred under Section 7B. The Centre's notification is painting
all OCIs with the same brush, without considering persons who have been
residing in India for long.
Express Delivery & No Cost EM

Titan
After a brief hearing, the bench listed the matter on next Tuesday for hearing.
A lawyer appearing in a connected matter cited urgency by saying that the
mop-up rounds for counselling are going on.
Last year, the Supreme Court had passed an interim order allowing OCI
candidates to apply to general seats for NEET admissions. However, the
Court had clarified that the interim order was confined only to 2021-2022
academic year.
(Cases : Dr. Radhika Thapetta and others v. Union of India and others (WP(c)
No.1397/2020); Anushka Rengunthwar and others v. Union of India and
others(WP(c) No..891/2021) and Krithika K and others versus Union of India
and others(WP(c) No. 1032/2021)
TAGS OVERSEAS CITIZEN JUSTICE AS BOPANNA JUSTICE SUDHANSHU DHULIA
CITIZENSHIP ACT
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11/29/22, 7:50 PM Why Don't You Apply For Indian Citizenship?

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TOP STORIES NEWS UPDATES COLUMNS INTERVIEWS ENVIRONMENT RTI

Home / Top Stories / Why Don't You Apply...

Why Don't You Apply For Indian

after giving up their foreign citizenship.

only to NRI seats in NEET admissions.

Senior Advocate KV Vishwanathan, appearing for the petitioners, submitted

residing in India. He stated that OCIs can't be compared with Non-Resident

currency. However, many OCI families are staying in India.

Also Read - Child Pornography : Supreme Court Directs Another Meeting

Of Expert Committee For Measures To Remove Offensive Videos From

At this juncture, the bench comprising Justices AS Bopanna and Sudhanshu

Vishwanathan explained that OCI was a concept introduced by the

Government of India in 2005 to confer certain certain rights to persons of

Hence, the senior counsel contended, it will be illogical to compare them to

NRIs, who are practically living outside India.

Supreme Court In Pleas Against Jallikattu And Similar Activities

At this point, Justice Bopanna commented about the practice followed by

that it takes place in a foreign country where automatic citizenship is granted

here. You are stuck", Justice Bopanna commented.

Prisoners Remain In Jail As They Can't Fulfil Bail Conditions

Vishwanathan replied that a decision regarding citizenship can be taken only

which can't be afforded by OCI students living in India.

foreign countries as they are not considered a home candidate".

Also Read - Plea To Enforce Fundamental Duties : Supreme Court Grants

Last Opportunity To Centre To File Affidavit

adjournment as the Solicitor General and Additional Solicitor General are

Commenting that medical seats are a "scarce commodity", Justice Dhulia

asked Viswanathan, "why don't you give up the citizenship there?".

being given till 2021. In this regard, he referred to Section 7B of the

long, there is a legitimate expectation and the sudden withdrawal of the

residing in India for long.

Express Delivery & No Cost EM

A lawyer appearing in a connected matter cited urgency by saying that the

mop-up rounds for counselling are going on.

candidates to apply to general seats for NEET admissions. However, the

others(WP(c) No..891/2021) and Krithika K and others versus Union of India

and others(WP(c) No. 1032/2021)

TAGS OVERSEAS CITIZEN JUSTICE AS BOPANNA JUSTICE SUDHANSHU DHULIA

Subscribe to LiveLaw, enjoy Ad free version and other unlimited features,

SIMILAR + VIEW MORE

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Enter Your Email

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5 Jail Before Conviction Is A Sort Of Punishment As Conviction Rate Is

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7 PFI Ban : Karnataka High Court Reserves Judgment On Plea Challenging

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