Friday, October 30, 2020
Home News Reports Fundamental and constitutional rights are for Indian citizens, not OCI cardholders: Govt in Delhi...

Fundamental and constitutional rights are for Indian citizens, not OCI cardholders: Govt in Delhi HC

The government reportedly stated in the court that the OCI status ensures merely statutory rights under the Citizenship Act, 1955, and not constitutional or fundamental rights. It stated further that the statutory rights depend upon the policies of the government.

In an affidavit filed by the Ministry of External Affairs, the Central Government has stated that Overseas Citizen of India (OCI) cardholders cannot enjoy Fundamental Rights guaranteed under the Constitution. As per a report in Indian Express, the statement came on Friday in response to a petition filed by a former Ranbaxy executive Dinesh Thakur in Delhi High Court,

Thakur, in his petition, had sought the right to seek information under the Right To Information (RTI) Act. The government reportedly stated in the court that the OCI status ensures merely statutory rights under the Citizenship Act, 1955, and not constitutional or fundamental rights.

Thakur had also argued that an OCI cardholder has the right to make donations to religious institutions without seeking permission. He stated that such a right is vested by the Constitution. He sought an exemption from seeking permission under FCRA, 2010 (Foreign Contribution Regulation Act) to make donations to religious institutions.

The affidavit read, “It is a statutory right and not a fundamental or a constitutional right. The grant of the limited right is by the Central Government by notification under Section 7B of the Citizenship Act, 1955. Therefore, what right is granted depends on the policy of the Central government.”

The Centre’s stand may be in conflict with the observation made by the same Delhi High Court in 2018. The Court observed that OCI cardholders have the right to enjoy the fundamental rights of equality and freedom of speech like other Indian citizens.

The petition was filed by one Dr.Christo Thomas Phillip whose OCI card was cancelled due to alleged missionary work. The Court found no promising evidence that would suggest that he worked as a missionary doctor. As such, Philip’s OCI status was restored.

The Government had earlier cancelled the OCI card of British citizen Aatish Taseer, the son of deceased Pakistani Politician Salman Taseer and Indian journalist Tavleen Singh. He had allegedly withheld critical information about his parenthood in the official documents. As per OCI rules, the descendants of Pakistani or Bangladeshi citizens cannot be eligible for OCI status.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

Former PM of Malaysia goes from talking about women’s ‘secret place’ to inciting genocide for insulting Islam in single tweet thread: Read details

Mahathir Mohamad justified the attacks on French people by Islamist terrorist saying that mere boycott could not compensate the wrongs of France.

‘We are proud’: Terroristan admits hand in Pulwama attack, minister claims victory of people under leadership of Imran ‘Taliban’ Khan

"Humne Hindustan ko ghus ke maara", Pakistani minister Fawad Chaudhry described how Pakistan orchestrated Pulwama terror attack

After Nice, another Islamic terrorist shouting Allahu Akbar attacks France’s Avignon, guard at French embassy in Jeddah attacked too

Three attacks have been reported in a single day, Mayor of Nice in France asks people to unit against "Islamofascisim terrorist attack"

Mumbai police intensifies witch-hunt, now wants details that would give him almost unfettered access to the Republic TV newsroom: Read details

Mumbai police have demanded access to the newsroom of the channel including the contact details, addresses and login IDs of journalists.

Witch-hunt continues: Parambir Singh sues Goa Chronicle and RVS Mani, wants to know if portal made money by publishing interview ‘defaming him’

RV Subramani had said in Goa Chronicle that a corporate house was behind appointment of Param Bir SIngh as Mumbai police commissioner

Why is Europe locking down instead of copying globally famous Kerala model?

The state of Kerala, under the visionary leadership of health minister Shailaja “Teacher” has a solution to Covid-19. Why wouldn’t the world just copy the Kerala model?

Recently Popular

‘Modi, Modi’ slogans inside Pakistan National Assembly: Here is what happened

The name of PM Modi echoed on Monday as members of Pakistan's opposition members chanted 'Modi, Modi' slogans inside Pakistan National assembly

Chinese state-run channel shows the portrait of Prophet Muhammad, netizens ask if Muslim nations will boycott China

Arslan Hidayat, an Uyghur Rights Activist, took to Twitter shared a video of a Chinese TV series on Twitter in which it was depicted that an Arab ambassador visiting China during the rule of Tang dynasty gifts a portrait of the Prophet Muhammad to the Chinese emperor.

‘His legs were shivering, head was sweating fearing attack by India’: Pakistani opposition leader reveals why Imran Khan govt had released Abhinandan Varthaman

PML(N) leader Ayaz Sadiq said that Pakistani Foreign Minister had feared that India would attack Pakistan if Abhinandan is not returned

Watch: Pro-India accounts disrupt Pakistan’s anti-India online meeting on Zoom, play pro-Hindu and Indian nationalistic songs

Indic social media users caused embarrassment to Pakistani authorities and diplomats after they raided their online event on zoom

Here are ‘liberals’ who hailed Imran Khan’s benevolence for releasing Abhinandan, while he was shaking in his boots, thinking of Modi going to war

The usual suspects declared Imran Khan 'won' despite the fact that it was Indian Armed Forces that destroyed terror camps in Pakistan.

France: Three killed, reportedly beheaded by an Islamic terrorist shouting Allahu Akbar at a Church in Nice

Three people have died of which at least two are reportedly beheaded in a terrorist attack at Notre Dame Church in Nice, France.
- Advertisement -

The Print columnist Zainab Sikander Siddiqui wants Charlie Hebdo to have the “guts” to mock the Holocaust if it wants to publish cartoons on...

Zainab Sikander Siddiqui ruled that Charlie Hebdo cartoons mocking other religions are not offensive, only cartoons on Islam are offensive

NBSA summons Zee News editor Sudhir Chaudhary for “divisive” report on the different types of Jihad, says it targets the Muslim community

NBSA asked Zee News Editor-in-chief Sudhir Chaudhary to appear for a hearing on November 26 via video conferencing

Former PM of Malaysia goes from talking about women’s ‘secret place’ to inciting genocide for insulting Islam in single tweet thread: Read details

Mahathir Mohamad justified the attacks on French people by Islamist terrorist saying that mere boycott could not compensate the wrongs of France.

AajTak, Zee News and others apologise after NBSA pulls up the channels for spreading fake news on Sushant Singh Rajput’s death

AajTak, Zee News and India TV air apology for its insensitive and sensationalised reporting of actor Sushant Singh Rajput’s death

India objects to Saudi Arabia over distorted map of India on new 20 Riyal banknote, asks to take urgent corrective steps

India registered objection over a distorted map showing Jammu and Kashmir separated from India in newly released 20 Riyal banknote

While Uddhav Thackeray govt stalled a development project to ‘save Aarey’, Shiv Sena-led BMC has now been fined for letting untreated sewage into the...

NGT has slapped Shiv Sena-led Brihanmumbai Municipal Corporation (BMC) a fine Rs 34 crore for letting untreated sewage into water

‘We are proud’: Terroristan admits hand in Pulwama attack, minister claims victory of people under leadership of Imran ‘Taliban’ Khan

"Humne Hindustan ko ghus ke maara", Pakistani minister Fawad Chaudhry described how Pakistan orchestrated Pulwama terror attack

After Nice, another Islamic terrorist shouting Allahu Akbar attacks France’s Avignon, guard at French embassy in Jeddah attacked too

Three attacks have been reported in a single day, Mayor of Nice in France asks people to unit against "Islamofascisim terrorist attack"

Mumbai police intensifies witch-hunt, now wants details that would give him almost unfettered access to the Republic TV newsroom: Read details

Mumbai police have demanded access to the newsroom of the channel including the contact details, addresses and login IDs of journalists.

Witch-hunt continues: Parambir Singh sues Goa Chronicle and RVS Mani, wants to know if portal made money by publishing interview ‘defaming him’

RV Subramani had said in Goa Chronicle that a corporate house was behind appointment of Param Bir SIngh as Mumbai police commissioner

Connect with us

245,563FansLike
471,219FollowersFollow
19,500SubscribersSubscribe