Article 8 of the Indian Constitution: Rights of Citizenship of Certain Persons of Indian Origin Residing Outside India Explainer

12/1/20232 min read

a close up of a light on a wall
a close up of a light on a wall

Introduction

Article 8 of the Indian Constitution deals with the rights of citizenship of certain persons of Indian origin who reside outside India. This article provides certain privileges and benefits to individuals who have Indian roots but live abroad. In this article, we will explore the details of Article 8 and its significance.

Understanding Article 8

Article 8 of the Indian Constitution states that any person of Indian origin who is not a citizen of any other country shall be eligible for registration as an Overseas Citizen of India (OCI). This provision allows individuals who have Indian ancestry to have a special status and certain rights in India.

The OCI status provides individuals with various benefits, including the right to travel to India without a visa, the right to work and study in India, and the right to own property in the country. It also grants them the same economic, financial, and educational opportunities as Indian citizens.

Eligibility Criteria

To be eligible for OCI registration under Article 8, the person must meet certain criteria:

  1. The person must be of Indian origin, or the spouse of a person of Indian origin.
  2. The person must not be a citizen of any other country.
  3. The person must not have been a citizen of Pakistan or Bangladesh at any time.
  4. The person must not be a minor child of a person who is ineligible for OCI registration.

It is important to note that individuals who have acquired citizenship of another country, except for those from Pakistan and Bangladesh, are not eligible for OCI registration under Article 8.

Benefits of OCI Status

OCI status provides several benefits to individuals of Indian origin residing outside India:

  1. Visa-Free Travel: OCI cardholders can travel to India without the need for a visa. They are granted a multiple-entry, lifelong visa.
  2. Residence and Work: OCI cardholders have the right to live and work in India indefinitely. They are not subject to any visa-related restrictions.
  3. Property Ownership: OCI cardholders can own residential and commercial properties in India, except for agricultural and plantation properties.
  4. Education and Research: OCI cardholders have access to educational institutions in India and can pursue higher education or research without any limitations.
  5. Financial and Economic Rights: OCI cardholders are treated at par with Non-Resident Indians (NRIs) in matters of financial, economic, and educational opportunities.

Conclusion

Article 8 of the Indian Constitution grants special rights and privileges to individuals of Indian origin residing outside India. The OCI status provides them with the opportunity to maintain a strong connection with their roots and enjoy various benefits while residing abroad. This provision aims to foster a sense of belonging and inclusivity for the Indian diaspora across the globe.

By recognizing the contributions and heritage of individuals of Indian origin, Article 8 plays a significant role in strengthening the bond between India and its diaspora, promoting cultural exchange, and fostering economic growth.