India government clears air on passport-citizenship debate, cites law and court rulings

The Government of India on Thursday clarified that a passport has never been treated as proof of citizenship. It also said there has been no recent change in policy, nor any such decision taken in the past 12 years.

The clarification comes amid political debate triggered by recent remarks from the Ministry of External Affairs (MEA), which stated that a passport is primarily a travel document and cannot be taken as conclusive proof of citizenship.

The government referred to Section 20 of the Passports Act, 1967, which allows the Centre to issue a passport or travel document even to a person who is not an Indian citizen, if it is considered necessary in the public interest.

The provision states that the government may issue such documents “notwithstanding” other rules relating to passports, reinforcing that possession of a passport alone does not confirm citizenship status.

Officials also pointed to earlier court rulings, including a 2013 judgment of the Bombay High Court, which held that holding a passport cannot, by itself, be treated as proof of citizenship.

The MEA’s clarification on Wednesday had sparked political reactions, with Opposition leaders questioning what documents would then serve as proof of citizenship.

Rajya Sabha (Upper House) MP Kapil Sibal raised concerns on social media, asking which document citizens should rely on if a passport is not considered valid proof. He also warned that doubts over citizenship could affect voter rights.

His comments added to a wider debate on how citizenship is verified and what documents hold legal weight in such matters.

BJP leader Amit Malviya said the government had not introduced any new rule. Instead, he said the MEA had only restated a legal position already established by law and courts.

In a detailed post on social media, he said Indian citizenship is determined under the Citizenship Act, 1955, and not through a single document. He added that courts, including the Bombay High Court, have repeatedly held that a passport is not conclusive proof of citizenship.

Malviya explained that citizenship is supported by a range of documents, including birth records, school certificates, electoral rolls, land records and other official papers. A passport, he said, may support a claim but does not by itself establish citizenship.

He also noted that the Passports Act allows issuance of passports to non-citizens in specific situations, making it clear that possession of such a document cannot automatically confirm nationality.

The government reiterated that citizenship is governed by the Constitution and the Citizenship Act, 1955. A passport, it said, remains an important identity and travel document, but not the final proof of nationality.

The clarification seeks to underline that no change has been made in law or policy, and that the legal position on the issue has remained consistent for years.

- With inputs from ANI