SC Rejects OCI Plea for Parity with NRIs in State Bar Council Membership

• The Supreme Court dismissed an OCI's plea seeking equal treatment with NRIs for state bar council membership and legal practice.
• The bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, stated OCI status does not equate to Indian citizenship, a mandatory prerequisite under Section 24 of the Advocates Act.
• The court rejected arguments that MHA notifications from 2009 and 2021 placed OCIs on par with NRIs for this purpose, clarifying parity is restricted to specific "permissive areas."
• Justice Bagchi noted that while OCIs have a higher standing than foreign nationals, it does not make them Indian citizens or NRIs entitled to Bar Council membership.
• The court emphasized that enrolment as an advocate is governed by Section 24 of the Advocates Act, which mandates Indian citizenship, with specific reciprocity exceptions for foreign nationals.