The Bombay High Court has nudged young cricketers holding Overseas Citizen of India (OCI) cards to consider acquiring Indian citizenship if they wish to represent the country. The observation came during the hearing of petitions filed by 12 young OCI cardholders challenging the Board of Control for Cricket in India’s mandate that requires an Indian passport for domestic tournament participation.
A division bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna heard arguments from the petitioners’ counsel, who stressed that these players live and study in India and simply wanted clearance to play domestic matches and gain eligibility for the Indian Premier League. However, the bench questioned why players determined to represent India do not simply apply for full citizenship instead of retaining dual classifications, noting that the nation lacks no shortage of cricketing talent.
Key Legal Arguments
- Passport Mandate: Twelve OCI cardholding cricketers challenged the BCCI rule introduced in 2023 requiring an Indian passport for domestic matches.
- IPL Aspirations: Petitioners argued that participating in domestic fixtures is crucial for opening doors to lucrative franchise leagues like the Indian Premier League.
- BCCI Stance: Representing the board, senior advocate Dr Birendra Saraf stated that the Citizenship Amendment Act prohibits OCI cardholders from representing India internationally.
- Court Direction: The bench clarified it is not forcing anyone to change citizenship, but adjourned the matter to November 25 while awaiting affidavits from the Centre.
Background and Next Steps
The controversy stems from tightening regulations implemented by the apex cricket governing body in 2023, which altered eligibility criteria for domestic competitions. Previously, several OCI cardholders featured freely in domestic circuits before these restrictions took effect. The bench has instructed the BCCI, the Centre, and the petitioners to provide updates regarding any pending citizenship applications submitted by the affected players. With no formal affidavit yet filed by the central government, the high court deferred further proceedings to late November to review the updated legal stances.
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