Supreme Court Dismisses OCI Plea for Legal Practice Equality with NRIs

The Supreme Court rejected an OCI holder's petition seeking equal treatment as an NRI for legal practice and bar council membership. OCI status offers certain privileges but does not equal Indian citizenship, a required prerequisite for enrolment under the Advocates Act.

In a significant ruling, the Supreme Court dismissed a petition filed by an Overseas Citizen of India (OCI), seeking parity with Non-Resident Indians (NRIs) for practicing law and obtaining bar council membership in India. The court emphasized that OCI status does not equate to Indian citizenship, a mandatory criterion under the Advocates Act.

Chief Justice Surya Kant and Justice Joymalya Bagchi reviewed the plea from Chelabhai Karsanbhai Patel, who argued that Ministry of Home Affairs notifications from 2009 and 2021 placed OCIs on par with NRIs. However, the bench ruled that this parity is limited to specific areas and does not extend to the fundamental requirement of citizenship needed to practice law.

Justice Bagchi clarified the notifications' context, underscoring that the Advocates Act's Section 24 mandates Indian citizenship for enrolment in the Bar Council. He rejected arguments based on Section 7B(2) of the Citizenship Act, emphasizing that legal eligibility stems from statutory provisions rather than the absence of restrictions.

(With inputs from agencies.)