Bombay High Court Asks OCI Cricketers to Accept Indian Citizenship
The Bombay High Court orally observed that Overseas Citizen of India card holders must accept Indian citizenship if they wish to represent the country in professional cricket. A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna made the remarks while hearing a batch of petitions filed by 12 young OCI cricketers. The budding players are challenging a regulation by the Board of Control for Cricket in India that mandates an Indian passport for participating in domestic tournaments.
The Bombay High Court declined immediate interim relief to the OCI cricketers, noting that domestic tournaments serve as a national team feeder pool and an injunction could displace native Indian citizens.
The judicial bench instructed the petitioners on September 10, 2026, to formally include federal authorities as respondents in the ongoing legal challenge.
Arguments Over Domestic Tournament Eligibility
Advocate Kunal Cheema, appearing alongside advocate Datta Mane for the petitioners, urged the court to permit young players to compete in domestic matches. Counsel explained that domestic match statistics are a mandatory prerequisite for players seeking enrolment in commercial leagues like the Indian Premier League. Petitioner counsel argued that the passport restriction did not exist prior to 2023, after which the BCCI prohibited OCI card holders from domestic tournaments. The counsel emphasized that the petitioners are young boys studying, living, and playing cricket in India whose athletic aspirations deserve judicial consideration.
The BCCI enacted a resolution in December 2023 mandating an Indian passport for domestic tournaments, ending prior rules permitting Person of Indian Origin cardholders to compete.
Judicial Observations on Domestic Talent Abundance
The division bench responded by highlighting that India already possesses an abundance of young sporting talent, particularly across cricket. Chief Justice Tripathi orally asked whether developed nations like the United States, United Kingdom, or Germany grant foreign citizens priority over domestic citizens. When counsel pointed out that OCI holders can practice medicine or law in India, the bench replied that they remain barred from civil services and government posts. The judges suggested that domestic players may have objected to OCI participation, prompting the cricket board to enact protective eligibility criteria.
BCCI Position on Citizenship and Livelihood Rights
Appearing for the cricket board, senior advocate Dr Birendra Saraf submitted that the Citizenship Act does not permit OCI holders to represent India internationally. Saraf contended that players cannot assert a fundamental right to livelihood through competitive cricket under the administrative auspices of the BCCI. The board explained that it invests substantial resources to train and groom domestic players for premier multi-day competitions such as the Ranji Trophy. Saraf noted that OCI cricketers remain entirely free to play recreational cricket across school leagues, collegiate tournaments, and private training academies.
Citizenship Choices and Upcoming Hearing Schedule
Cheema argued that sports form an integral facet of education and child development, citing international conventions safeguarding a child's choice of citizenship. The bench clarified that no authority is compelling petitioners to surrender foreign citizenship, but representing India requires fulfilling national citizenship criteria. Saraf affirmed that the BCCI would enthusiastically welcome fresh talent into national ranks provided the prospective players secure Indian citizenship. Saraf disclosed that several OCI cricketers have already initiated formal applications to obtain Indian citizenship. The High Court directed the BCCI, Central Government, and petitioners to submit formal updates on pending citizenship applications by November 25. The division bench scheduled the next formal hearing in the matter for November 25.
Options include relaxing or amending the 2008 MYAS policy to recognise OCI status for representation in specified sports.