Recently, the Union government asserted in the Delhi High Court that Overseas Citizen of India (OCI) cardholders do not possess the fundamental rights outlined in the Constitution. These include specifically the right to freedom of speech and expression. This statement was a response to an appeal seeking information under the Right to Information (RTI) Act, 2005. The appeal also requested an exemption for overseas citizens from the requirement to seek permission under the Foreign Contribution Regulation Act, 2010 (FCRA) to donate to religious and charitable organizations.
Demands of the Appeal
The appeal made to the court argued that the right to donate to religious institutions and the fundamental right to freedom of religion are both guaranteed by the Constitution. However, the government has not directly addressed the question of the right to practice religion in India for OCIs.
Government Response on Rights of OCI Cardholders
In response to the appeal, the government has clarified its position regarding the rights of OCI cardholders. According to the Union, OCI cardholders have only been granted statutory rights under the Citizenship Act, 1955. These rights do not include the right to freedom of speech and expression, which is seen as a statutory right and not a fundamental or constitutional right for the OCI cardholders.
Authority of Central Government in Granting Rights
The Central Government holds the authority to grant limited rights through the Citizenship Act. Consequently, the rights given to OCIs are dependent on government policies. This provides a certain degree of flexibility in determining their rights.
Contradiction with Previous High Court Ruling
The recent response from the Centre is in contradiction with a ruling by the Delhi High Court in 2018. In the previous ruling, the court held that OCI cardholders possess the right to enjoy fundamental rights of equality and freedom of speech and expression like other Indian citizens.
Supreme Court Rulings on Fundamental Rights
According to various past judgments, the Supreme Court deems that the Right to Information is guaranteed by Article 19(1)(a), which is given to all citizens, and Article 21, assured to all natural persons. Article 19(1)(a) guarantees freedom of speech and expression, providing every citizen the right to freely convey views, opinions, beliefs, and convictions through any medium. Meanwhile, Article 21 declares no individual shall be deprived of life or personal liberty except according to the legal procedure. This protection under Article 21 is accessible to both citizens and non-citizens.