New Delhi, June 25: The Ministry of External Affairs clarified on Thursday that an Indian passport has never been considered the ultimate and indisputable proof of citizenship. This legal position is not new; it has existed since the Passport Act of 1967 came into effect.
The controversy began when a Ministry official stated during an event on Passport Seva Day that a passport should primarily be viewed as a travel document. Following this remark, opposition leaders, lawyers, and various commentators questioned how a passport issued after government scrutiny could not serve as proof of citizenship.
In response to the growing debate, the Ministry issued a clarification, stating that this is not a new policy and has no connection to the current government. It emphasized that, under Indian law, a passport has never been deemed the ultimate proof of citizenship.
The Ministry stated, “This decision was not made yesterday; it has not been established in the last 12 years either. A passport has never been the final proof of citizenship. Under the Passport Act of 1967, passports or travel documents can be issued to non-citizens under certain circumstances.”
The Ministry also referenced a 2013 ruling by the Bombay High Court, which stated that merely possessing a passport does not automatically prove Indian citizenship. According to the court, citizenship will be determined based on the provisions of the Citizenship Act of 1955, enacted by Parliament.
The Ministry noted that documents like passports, Aadhaar cards, and birth certificates can serve as important evidence, but they cannot be regarded as indisputable proof of citizenship.
It explained that Section 20 of the Passport Act allows the central government to issue passports or travel documents to non-citizens in the public interest. However, generally, passports are issued only to Indian citizens.
The Supreme Court has also clarified the distinction between identity documents and proof of citizenship in various cases. The court has acknowledged that documents like Aadhaar can establish identity, but they do not determine citizenship on their own.
Several judicial decisions have stated that if there is a dispute regarding an individual’s citizenship, they must prove their citizenship based on documents such as birth certificates, family records, lineage documents, or naturalization certificates. Merely having a passport will not be deemed sufficient.
Political reactions have also emerged on this issue. Kapil Sibal questioned what documents ordinary citizens should rely on if a passport is not proof of citizenship. Meanwhile, lyricist and writer Javed Akhtar raised concerns about the government’s stance, stating that nationality checks are conducted before issuing a passport.
The government maintains that if a dispute arises regarding an individual’s citizenship, the decision will be made under the Citizenship Act, not solely based on the passport.
According to the Ministry of External Affairs, it is merely reiterating a long-established legal position. However, this controversy has reignited public debate over the distinctions between identity documents, travel documents, and legal proof of citizenship.
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