Passport not proof of citizenship in India, says MEA. What about Aadhaar or PAN card?

What do you do when you have been asked for proof of citizenship? More often than not, we have whipped out our passports. However, the Ministry of External Affairs (MEA) dropped a bombshell on Wednesday (June 24) when it stated that the blue-coloured document is a travel document, not a proof of citizenship.

The statement has caused quite an uproar with many debating on social media over what constitutes definitive proof of Indian citizenship. Kapil Sibal, a Rajya Sabha MP, asked on X, “Which document then is proof of citizenship?”

Lyricist and poet Javed Akhtar slammed the MEA’s remark, calling it absurd. In a post on X, the 81-year-old questioned how passports could be issued if the authorities were not fully satisfied that the holder was an Indian citizen.

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Others also pondered on social media that if passports weren’t proof of citizenship, then what was? We answer this question.

What did the MEA say about passports?

>> On the occasion of the 14th Passport Seva Diwas, an MEA official stated that an Indian passport is not a document that conclusively establishes citizenship.

>> Speaking to the media, an MEA official noted that a passport is a travel document and even though it is issued only to citizens, it is not a document that establishes citizenship.

>> The official stressed that while passports are issued to Indian citizens, the document’s primary purpose is to enable international travel and establish identity abroad.

Why aren’t passports considered proof of citizenship?

>> While the MEA’s remarks have drawn shock from people on social media, experts note that the statement reflects the legal position in India. Indian courts have repeatedly held that a passport is not conclusive proof of citizenship. In 2013, the Bombay High Court noted that citizenship is determined under the Citizenship Act, 1955, based on eligibility and supporting evidence, not by the mere possession of a single document.

>> According to Section 20 of the Passports Act, 1967, an Indian passport may be issued to a non-citizen by the Central Government in specified circumstances. This single provision is sufficient to establish that possession of an Indian passport is not, in law, conclusive proof of Indian citizenship.

>> Authorities also note that if a person acquired a passport through false information or misrepresentation, the passport can be cancelled or revoked. Which is why the ministry says a passport is a travel document, not a conclusive citizenship document.

>> Can Aadhaar, PAN, or Voter ID prove citizenship?

>> So, what about Aadhaar or one’s voter ID? In the case of Aadhaar, it works mainly as an identity and residency document. The Aadhaar law allows residents, including certain non-citizens who meet residency requirements, to obtain the document. Earlier this year, during the hearing on the Special Intensive Revision (SIR) of electoral rolls, the Supreme Court said Aadhaar was not conclusive proof of citizenship, just a document of identity.

>> Similarly, a PAN card is a tax identifier and not proof of citizenship. It shows that a person pays taxes or earns income in India. It does not prove citizenship or even residency.

>> The Voter ID card is also not considered definitive proof of citizenship. It allows an individual to exercise their franchise during elections and serves as proof of identity and residence.

>> In 2020, when asked in Parliament whether Aadhaar, passport, voter ID, PAN card or birth certificate could be treated as valid documents to prove citizenship, the Ministry of Home Affairs declined to identify any of them as definitive proof.

>> So, is there any document that proves citizenship?

>> Currently, India does not have a single national document that automatically establishes citizenship for every citizen.

>> This begs the question: Who is a citizen of India? The answer emerges from the Constitution and the Citizenship Act, 1955, under which a person may acquire citizenship by birth, descent, registration, naturalisation, or incorporation of territory.

>> According to the law, people born in India between January 26, 1950, and July 1, 1987, are generally citizens by birth. For those born after July 1, 1987, the citizenship status of one or both parents becomes relevant under changes made to citizenship laws over the years.

>> In courts, citizenship is often established through a combination of documents, depending on how a person acquired it and when they were born.

>> Experts note that under the current legal framework, the most definitive proof of citizenship is a Certificate of Naturalisation or a Certificate of Registration, issued directly by the Ministry of Home Affairs under Sections 5 and 6 of the Citizenship Act, 1955.

With inputs from agencies