An OCI Card, a Protest, and a Notice to Leave: Explaining the Rights of Overseas Citizens in India
The case of actor Imran Khan brings into sharp focus the legal distinction between the near-citizen privileges of OCI cardholders and the absolute rights of Indian citizens. It tests the government's wide-ranging powers over foreign nationals under a new law.
What is the immediate issue?
On October 10, 2026, actor Imran Khan, a US citizen holding an OCI card, participated in a protest at August Kranti Maidan in Mumbai. Following his detention, BJP leader Kirit Somaiya filed a complaint arguing that Khan, as a foreign national, had violated immigration laws by joining a political demonstration. The complaint was forwarded to the Foreigners Regional Registration Office (FRRO) in Mumbai, which subsequently issued a 'Leave India' notice to Khan. The notice directs him to exit the country by October 28, 2026, on the grounds that his participation in the protest violated immigration law.
What legal powers has the government invoked?
The FRRO's notice to Imran Khan is based on the new Immigration and Foreigners Act, 2025. An OCI cardholder, despite their special privileges, remains a foreign national in the eyes of this law. The notice specifically invokes Section 7(2)(c) of the Act, which grants the Central Government broad powers to issue an order directing that a foreigner “shall not remain in India or in any specified area therein.” The action is further supported by Section 29, which empowers the government to order the removal of a foreigner from India if they have contravened any provision of the Act. A September 2025 notification delegated the powers under these sections to FRROs, enabling them to issue such notices directly.
What are the rights and restrictions for OCI cardholders?
An OCI card is a status that confers a specific bundle of rights, not dual citizenship. Cardholders enjoy a multiple-entry, multi-purpose lifelong visa and are exempt from registering with the FRRO for any length of stay. They have parity with NRIs in economic, financial, and educational fields. However, this parity is not absolute and comes with significant restrictions, particularly in the political sphere. Under Section 7B of the Citizenship Act, 1955, OCI cardholders cannot vote, hold constitutional office, or contest elections. Furthermore, the fundamental rights guaranteed under Article 19 of the Constitution—including the freedom of speech (Article 19(1)(a)) and the right to assemble peaceably (Article 19(1)(b))—are explicitly available only to citizens of India.
Keep reading this explainer
This is the opening of a 1464-word explainer. An account brings you the rest, a PDF to keep and the whole Explained archive.
Takes about a minute. Your email and a password is all it needs.