OPSC Current Affairs
GS Paper II — Polity & Governance
Fundamental Rights & Citizenship
Bombay High Court: Fundamental Right to Protest Not Available to OCI Cardholders
Why in News: The Bombay High Court (Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna) told actor Imran Khan, a US citizen holding an Overseas Citizen of India (OCI) card, that the fundamental right to protest is available only to Indian citizens. Khan then tendered an unconditional apology.
COURT
Bombay High Court
OCI CARDHOLDER
A US citizen, not an Indian citizen
ARTICLE 19
Freedoms available only to citizens
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Summary
FRRO (Foreigners Regional Registration Office)
- What it is: An office of the Bureau of Immigration under the Ministry of Home Affairs that handles registration and monitoring of foreigners in India. FRROs operate in major cities, and elsewhere the district Superintendent of Police works as the Foreigners Registration Officer.
Functions:
- Registration of foreigners staying beyond the permitted period, and extension or conversion of visas.
- Exit permissions, and services for OCI cardholders.
- Issuing notices to leave the country and monitoring compliance by foreigners.
- Legal basis: Foreigners’ entry, stay and exit are governed by the Immigration and Foreigners Act, 2025, which replaced the Foreigners Act, 1946, along with the registration rules made under it.
- Constitutional basis: Citizenship, and the entry and expulsion of foreigners, are Union subjects (Seventh Schedule, Union List, Entries 17 and 19).
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Background Information
- OCI: Introduced through the Citizenship Act, 1955 (Section 7A), it gives lifelong visa-free entry and certain economic and educational parity with NRIs. OCI holders are not citizens, so they cannot vote or hold constitutional offices, and registration can be cancelled under Section 7D, including for violating Indian law.
- Article 19: The freedoms of speech and expression (19(1)(a)) and peaceful assembly (19(1)(b)) are available only to citizens, while Articles 14 and 21 apply to all persons, including foreigners.
- Right to protest: The Supreme Court treats it as part of freedom of speech and assembly, subject to reasonable restrictions (Article 19(2) and (3)). In Amit Sahni v. Commissioner of Police (2020), it held that protests must be at designated places and cannot block public ways.
- FRRO: The Foreigners Regional Registration Office, under the Bureau of Immigration of the Ministry of Home Affairs, deals with registration and exit of foreigners. Entry and stay of foreigners is governed by the Immigration and Foreigners Act, 2025, which replaced the Foreigners Act, 1946.
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OPSC Exam Relevance
Article 19, Articles 14 and 21, OCI under Section 7A of the Citizenship Act, 1955, the Immigration and Foreigners Act, 2025 and the FRRO are recurring themes for OPSC Prelims (Indian Polity) and OPSC Mains GS Paper II (Fundamental Rights, Citizenship and Governance).
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Source: Bombay High Court; Local News Reports, Mumbai

