Immigration and Foreigners Act 2025: Can India Order an OCI Cardholder to Leave?

Imran Khan, who is an Indian movie star, a US national said to be in possession of an Overseas Citizen of India (OCI) card, got an order to vacate the country before 28th October 2026. This order was issued by the Foreigners Regional Registration Officer of Mumbai under the provisions of the Immigration and Foreigners Act, 2025. This incident has stirred controversies about the authority of the Government of India to order the departure of foreign citizens and legal provisions in relation to OCI cards.

What is Said by the Immigration and Foreigners Act, 2025?

The Immigration and Foreigners Act, 2025, was brought into force from September 1, 2025, and repealed the Foreigners Act, 1946, as well as three other Acts relating to immigrants and foreign nationals. A foreigner is defined as a person who is not an Indian citizen under the act.

The act grants the Central Government power to regulate the entry of, stay in, movements within, and acts of a foreigner in India.

Provision	Subject Relevance
Section 7	Power to regulate the presence of foreigners Enables the government to make orders directing the foreigner to leave the country or restraining him/her from undertaking particular activities
Section 23	General penalty Imposes a penalty in cases of some contraventions for which no penalty is provided elsewhere in the Act
Section 28	Delegation of powers Authorizes particular agencies to exercise the powers granted by the Central Government
Section 29	Power of removal Provides for removal of the foreigner in certain situations

The notice served to Imran Khan allegedly refers to the Section 7 and 29. The notice compels him to leave India by 28 October 2026, and warns of prosecution in case of violation. The notice does not prove a finding of guilt by a Court against Imran Khan.

What is the Meaning of an Overseas Citizen of India (OCI) Card?

Overseas Citizens of India scheme allows for eligible foreigners who are persons of Indian origin as well as spouses of Indian citizens and persons of Indian Origin who hold an OCI card to obtain an OCI card in accordance with the provisions of the Citizenship Act, 1955.

It is important to note that while the term ‘Overseas Citizen of India’ implies Indian Citizenship, such is not the case and the person is still a foreigner holding a foreign passport.

Rights and Obligations of OCI Card Holders

An OCI card holder usually gets lifetime multi-entry visa to travel to India, depending on existing laws and conditions. An OCI card holder enjoys specific rights regarding domestic airfares, monument entrance fees and some other economic/ professional activities.

But OCI does not entitle a person to,

• vote in Indian elections
• contest elections for Parliament/state legislative assemblies
• occupy constitutional positions which can be occupied only by Indian citizens and
• take up any government jobs for which Indian citizenship is necessary.

Some activities, such as research, journalism, missionary work, or visiting some restricted areas, could need permission as per the concerned rules.

The essential legal difference is that OCI provides certain rights to a foreign citizen, but does not take away from the government the right to regulate his stay in India.

Does an OCI Cardholder Have the Right to Engage in Political Protests?

The difference between immigration control and activity-specific restrictions becomes crucial in the Imran Khan case.

According to the report of the Hindustan Times, “neither the Immigration and Foreigners Act, 2025, nor the Immigration and Foreigners Order, 2025, explicitly forbids foreign nationals from taking part in protests or political activities.”

The police officer was quoted as saying that he had relied on a ban on foreign nationals engaging in political activities in the notice.

Nevertheless, the lack of an explicit general prohibition does not in itself decide whether a certain individual engages in conduct that violates another rule of law or any other governmental act.

Is It Possible for the Government to Withdraw an OCI Card?

Section 7D of the Citizenship Act, 1955, provides for the cancellation of an OCI registration in a particular manner.

Registration may be cancelled by the Central Government in certain circumstances, such as when there has been fraud in the acquisition of the status, some act that goes against the Constitution, certain criminal convictions, some violations of the law, or issues related to national security.

Another significant procedure that was added by the Citizenship (Amendment) Act, 2019 is that the OCI holder will be given an opportunity to be heard before any order for the cancellation of the registration is made.

It is thus clear that there are two different legal processes – an order of deportation and an order of cancellation of OCI registration. A notice to leave cannot be considered as cancellation of the OCI card.

Courts’ Views on OCI Card Holders

The Delhi High Court has discussed the relationship between the powers of the immigration laws and the protections available to OCI cardholders.

In John Robert Roughton III v. Union of India (March 28, 2025), the case related to the deportation and blacklisting of a US national having an OCI card.

The court stressed that the procedural protections available under Section 7D of the Citizenship Act could not just be sidestepped whenever there was an action taken against an OCI cardholder that had consequences for the privileges accorded under it.

The court asked for a show-cause notice and a chance to defend one’s position.

It is important to note that it does not mean that OCI cardholders are protected from immigration laws.

The Supreme Court has also made a distinction between the rights of the foreign nationals and the Indian citizens. In its decision regarding foreign missionaries in 1991, the court decided that foreigners have the protection of Article 21

of the Constitution but they do not have the citizenship right of residence in India under Article 19(1)(e).

Consequences of a Foreign National Violating Exit Order

Section 29 of the Immigration and Foreigners Act, 2025 states that the Central Government may issue an order for the removal of a foreigner when the conditions stipulated by the Act exist. The government officials have the right to use such force as is reasonable for the execution of the order.

Section 23 provides a penalty for any breach of the provisions of the Act, the rules and orders under the Act where there is no specific provision as a penalty for the same.

It is provided in the report provided that it can lead to imprisonment up to three years, or a fine up to ₹3 lakh, or both.

It is possible for the foreign national to challenge an exit order received in appropriate court proceedings. The success of the challenge will depend upon the applicable law and grounds raised by the authorities.