MEA Reiterates Passport Not Proof of Indian Citizenship, Sparks Call for Definitive Document
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- MEA officials clarified that a passport is not proof of Indian citizenship, reiterating a long-standing position supported by the Passports Act 1967 and Bombay HC rulings.
- This clarification, however, sparked calls from experts for the government to introduce a definitive document for Indian citizenship.
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New Delhi: Buried under the heap of comments regarding Wednesday’s clarification by MEA officials that a passport is not proof of Indian citizenship lies the fact that the statement was merely a reiteration of what has been followed by the authorities over last several decades. Official sources said as much on Thursday. “It was not decided yesterday that the passport is not proof of citizenship. It was not even decided in the last 12 years. The passport has never been a proof of citizenship. Passports Act 1967 says that passports can be given to non-citizens. Judgments of Bombay HC from 2013 have also made it clear a passport is not proof of citizenship,” an official said.
In a post on X, former foreign secretary Nirupama Rao said the position that a passport is a travel document and not a document of citizenship is “legally correct”. She said that while a passport is issued under the Passports Act, citizenship is governed by the Citizenship Act. “One law regulates the document; the other regulates the legal status.”
The controversy erupted Wednesday when MEA officials, while unveiling the benefits of chip-enabled e-passports, said a passport is primarily a travel document. Officials referred to the Bombay HC’s stance that because the law allows for a passport to be issued to non-citizens, its mere possession cannot be considered “conclusive” or “definitive” evidence of citizenship. The HC had refused to grant relief to a man and three others charged with being illegal immigrants even after they produced passports (later revoked), Aadhaar cards and birth certificates to claim they were Indians.
However, even as the fact about passport having never been recognised as proof of evidence was spelt out, to many, the sense of puzzlement over MEA officials’ statement underscored the need for govt to come up with a document which will certify a citizen as such. Former law secretary and expert on constitutional law P K Malhotra emphasised that since courts have specifically ruled that Aadhaar, EPIC, ration card, etc. are documents that prove only identity of a person and are not conclusive evidence of citizenship, it is high time govt came up with a document which conclusively proves Indian citizenship. “This will obviate the fear in the minds of citizens about harassment by certain public authorities,” he added.
The Passports Act, 1967, notified during tenure of PM Indira Gandhi, specified the law was enacted for issuance of “passports, travel documents, to regulate the departure from India of citizens of India and other persons”.
