Passport not proof of citizenship? India's legal position sparks debate

A controversy is raging across India on the passport-citizenship issue. The question is: Is a passport proof of one's citizenship?

The government said no new decision has been taken on the travel document in the past 12 years, while the opposition alleges that groundwork is being done to "arbitrarily deny" citizenship rights to those who "disagree" with the ruling dispensation.

Citing the Passports Act of 1967, government sources said passports can be given to even non-citizens "in public interest," while Election Commission officials said passports continue to be among the 12 valid supporting documents required of voters to prove their eligibility to be on the voters' list.

The controversy emerged after the media reported, quoting an unnamed Ministry of External Affairs (MEA) official, that a passport is a travel document, and not proof of citizenship.

It is not a document that establishes citizenship, the MEA official said on Wednesday (24 June).

Indian media reports, citing sources, also cited Section 20 of the Passports Act, which says passports and travel documents can be issued to persons who are not citizens of India.

"Notwithstanding anything contained in the foregoing provisions relating to the issue of a passport or travel document, the central government may issue, or cause to be issued, a passport or travel document to a person who is not a citizen of India if that government is of the opinion that it is necessary so to do in the public interest."

However, Section 6(2)(a) of the same act provides that the passport authority shall refuse to issue a passport "if the applicant is not a citizen of India."

Main opposition Congress slammed the MEA statement and alleged the government is laying the groundwork to arbitrarily deny citizenship rights to Indians with whom it disagrees.

Congress General Secretary (Organisation) KC Venugopal alleged that the BJP-led government had earlier removed the names of people from certain communities from the electoral rolls to suit its political agenda.

"This government excels in creating panic and helplessness among ordinary citizens. By declaring that even a passport doesn't certify one's citizenship, they are laying the groundwork to arbitrarily deny citizenship rights to Indians who they disagree with," Venugopal said in a post on X.

The BJP defended the MEA statement and said the Modi government has not introduced any new rule regarding passports.

The party said the MEA has merely reiterated a long-settled legal position that a passport alone is not conclusive proof of Indian citizenship.