MEA says passport is not proof of citizenship; cites Passport Act, HC ruling

NEW DELHI: The Ministry of External Affairs on Thursday clarified that the passport has never been proof of citizenship, after a controversy erupted on the issue a day before.

It said this position has been there since the Passport Act came into force. It is not that it was decided in the last 12 years.

The ministry said a passport is mainly a travel document, and its legal status has remained unchanged for many years.

That comment drew criticism from opposition leaders, lawyers, and commentators, who questioned how a document issued by the government after checks and verification could fail to establish citizenship on its own.

In response to the backlash, the MEA issued a clarification saying the position was not new and had nothing to do with the present government. It said Indian law has never treated a passport as final proof of citizenship.

“It was not decided yesterday that a 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. The Passport Act, 1967 says that passports can be given to non-citizens,” the ministry said.

The ministry also pointed to judicial precedents, particularly a Bombay High Court judgment delivered in 2013, which held that possession of a passport alone does not automatically establish Indian citizenship.

Section 20 of the Passports Act allows the Central Government to issue a passport or travel document to a non-citizen if it considers the action necessary in the public interest. This is an exception to the general rule that passports are issued to Indian citizens. The Supreme Court has also distinguished between identity documents and proof of citizenship in different cases. While it has recognised the value of documents such as Aadhaar for identification, it has made clear that such documents do not by themselves determine citizenship.

The MEA’s clarification has also triggered political reactions.

Rajya Sabha MP Kapil Sibal asked what document ordinary citizens should rely on if a passport is not accepted as proof of citizenship. Public commentary also added to the debate.

Lyricist and commentator Javed Akhtar questioned the logic of the government’s position, saying authorities would normally verify nationality before issuing a passport. (IANS)

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