What is difference between OCI and PIO?
Q. Which of the following is/are true regarding Person of Indian Origin (PIO) and Overseas Citizen of India (OCI)?
1) OCI is entitled to lifelong visas free travel to India whereas for PIO card holder, it is for 15 years.
2) PIO card holder is required to register with local police authority for stay exceeding 180 days in India on any single visit whereas OCI is exempted from registration with police authority for any length of stay in India.- Published on 17 Feb 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Both 1 and 2
- The Constitution deals with the citizenship from Articles 5 to 11 under Part II.
- But it has neither any permanent nor any elaborate provisions for it.
- It only identifies the persons who became citizens of India at commencement of Constitution (i.e., on January 26, 1950).
- It empowers the Parliament to enact a law on any matter relating to citizenship.
- The Parliament has enacted the Citizenship Act, 1955, which has been amended in 1986, 1992, 2003 and 2005.
- According to the Constitution, the following 4 categories of persons became the citizens of India at its commencement i.e., on 26 January, 1950 -
1. Article 5 - A person who had his domicile in India and also fulfilled any one of the 3 conditions, viz.,if he was born in India; or if either of his parents was born in India; or if he has been ordinarily resident in India for five years immediately before the commencement of the Constitution, became a citizen of India.
2. Article 6 - A person who migrated to India from Pakistan became an Indian citizen if he or either of his parents or any of his grandparents was born in undivided India and also fulfilled any one of the two conditions viz.,
(i) in case he migrated to India before July 19, 1948, he had been ordinarily resident in India since the date of his migration;
(ii) or in case he migrated to India on or after July 19, 1948, he had been registered as a citizen of India.
3. But, a person could be so registered only if he had been resident in India for six months preceding the date of his application for registration.
4. Article 7 - A person who migrated to Pakistan from India after March 1, 1947, but later returned to India for resettlement could become an Indian citizen. For this, he had to be resident in India for six months preceding the date of his application for registration.
5. Article 8 - A person who, or any of whose parents or grandparents, was born in undivided India but who is ordinarily residing outside India shall become an Indian citizen if he has been registered asa citizen of India by the diplomatic or consular representative of India in the country of his residence, whether before or after the commencement of the Constitution. Thus, this provision covers the overseas Indians who may want to acquire Indian citizenship.
- Article 9 - No person shall be a citizen of India or be deemed to be a citizen of India, if he has voluntarily acquired the citizenship of any foreign state.
- Article 10 - Every person who is or is deemed to be a citizen of India shall continue to be such citizen,subject to the provisions of any law made by Parliament.
- Article 11 - Parliament can make any provision with respect to the acquisition and termination of citizenship and all other matters relating to citizenship.
