The ruling reinforces the legal distinction between Indian citizens, NRIs, and OCI cardholders, especially in regulated professions such as law
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The Supreme Court of India has dismissed a petition by an Overseas Citizen of India (OCI) cardholder seeking the same rights as Non-Resident Indians (NRIs) to practise law and join a state bar council. The court made it clear that OCI status does not equal Indian citizenship, which is a key requirement for enrolling as an advocate in India.
A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi declined to entertain the plea filed by Chelabhai Karsanbhai Patel. The Chief Justice remarked that the court did not have time for what he described as “luxury litigation,” signalling that the issue did not warrant further judicial consideration.
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The court further clarified that eligibility to practise law in India is governed by Section 24 of the Advocates Act
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This law clearly states that only Indian citizens can be enrolled as advocates, with limited exceptions for foreign nationals based on reciprocity arrangements
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The absence of an explicit ban on OCIs practising law does not automatically grant them the right, the bench said, as eligibility must be clearly provided by law
Patel’s counsel argued that notifications issued by the Ministry of Home Affairs in 2009 and 2021 had placed OCI cardholders on par with NRIs. Since NRIs are Indian citizens living abroad, the lawyer claimed that OCIs should also be treated similarly for professional purposes, including membership in state bar councils.
However, the judges rejected this interpretation. Justice Bagchi explained that the parity mentioned in government notifications applies only to specific permitted areas, such as economic and educational activities, and does not extend to citizenship-related rights. He noted that OCIs may enjoy more privileges than foreign nationals, but they are still not Indian citizens or NRIs under the law.
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