Passport Has Never Been Proof of Citizenship, No New Policy Change: Govt Sources

The Centre on Thursday clarified that an Indian passport has never been considered conclusive proof of citizenship, asserting that no new decision on the matter has been taken by the Narendra Modi government in the past 12 years, PTI reported citing sources.

The clarification came in response to media reports citing Ministry of External Affairs (MEA) officials, who reiterated that a passport is primarily a travel document and not a document that establishes citizenship.

Government sources stressed that the position is neither new nor the result of any recent policy change.

"It was not decided yesterday that the passport is not a proof of citizenship. It was not even decided in the last 12 years. The passport has never been a proof of citizenship," the news agency quoted a source as saying.

Sources pointed to provisions of the Passport Act, 1967, noting that passports may, in certain circumstances, be issued to non-citizens as well, reinforcing the distinction between a travel document and proof of nationality.

Official sources further cited a 2013 Bombay High Court judgment, which held that a passport cannot be treated as conclusive proof of citizenship.

The debate comes amid ongoing discussions surrounding the Election Commission's Special Intensive Revision of electoral rolls. During hearings on the exercise, the Supreme Court observed that Aadhaar serves as proof of identity but is not conclusive evidence of citizenship.

Government sources also referred to a set of Frequently Asked Questions (FAQs) issued by the Press Information Bureau (PIB) on December 20, 2019, in the context of the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC).

The PIB had stated that citizenship may be established through documents relating to a person's date and place of birth, though it noted that a final decision on the list of acceptable documents was yet to be taken.

According to the FAQs, citizenship determinations are governed by the Citizenship Act, 1955, and the Citizenship Rules, 2009.

The framework provides five routes to Indian citizenship: by birth, descent, registration, naturalisation, and incorporation of territory.

The government's clarification seeks to underscore a long-standing legal distinction between identity and travel documents on one hand, and documentary proof of citizenship on the other.

Opposition Slams Govt

The issue sparked political reactions, with opposition leaders questioning the government's stance on citizenship documentation.

Trinamool Congress (TMC) leader Mahua Moitra took a swipe at the Centre, posting on X: "It would seem that the only proof of Indian citizenship today is to be both Hindu and a BJP voter. Nothing else will do."

Rajya Sabha MP Kapil Sibal also criticised the government, asking what document would then serve as definitive proof of citizenship. "Which document then is proof of citizenship? BLO can doubt my citizenship, deprive me of my vote. Result BJP wins the election. Over to Supreme Court!" he wrote on X.

What is Proof of Citizenship in India?

India does not have a single universal "citizenship card" or "citizenship certificate" that every citizen possesses.

Instead, citizenship is established through a combination of documents that show how a person became an Indian citizen under the Citizenship Act.

Depending on the case, important documents may include:

• Birth certificate
• Parents' birth records
• School records
• Citizenship certificate (for those who acquired citizenship through registration or naturalisation)
• Government records proving residence and ancestry
• Other supporting documents required under the Citizenship Act