Passport was never proof of citizenship. Nothing has changed

What happened? Why are people suddenly angry about passports? And has anything changed? We answer these questions.

On June 24, which happens to be Passport Seva Divas — a commemoration of the enactment of the Passports Act, 1967 — X (formerly Twitter) was abuzz with not-so-kind words for the document. If the passport is not proof of citizenship, Kapil Sibal asked, “Which document then is?” Javed Akhtar had similar questions. As did hundreds and thousands of people online.

HOW THE CONTROVERSY ABOUT PASSPORTS BEGAN

During a Ministry of External Affairs press briefing marking Passport Seva Divas, a senior official made a remark that caught attention: "A passport is a travel document, not a document of citizenship," in response to a reporter's question. It was not a new policy announcement but a clarification of the passport's legal status.

Responding to a question from The Hindu on whether the Indian passport could be used to challenge an exclusion from the voter list through the special intensive revision of electoral rolls, the MEA official reportedly said, “Passport is a travel document, not a document of citizenship, and, theoretically speaking, that distinguishes a passport from other documents. Even while travelling abroad, a passport attests to your nationality, yet it is not a document of your citizenship.”

IS THE PASSPORT EVIDENCE OF CITIZENSHIP?

No, it isn’t. Quite simply, a passport is issued under the Passports Act, 1967. And citizenship is governed by the Citizenship Act, 1955.

In fact, Section 20 of the Passports Act explicitly notes that “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.”

It’s also noteworthy that a vast majority of Indians don’t actually hold passports. So, if it were a proof of citizenship, most Indians would not have it.

HAS THIS EVER BEEN CHALLENGED IN COURT?

Yes, it did. In 2013, the Bombay High Court ruled on this. Upholding a trial court’s order punishing four people with a jail term of six months for illegally entering India, Justice KU Chandiwal noted that documents like birth certificates, passports, and Aadhaar cards were not enough to prove citizenship.

“The birth certificate of one of the applicants will not (suffice) as under the law it is imperative for such an applicant to establish that his parents were Indian nationals,” the judge said.

HAS ANYTHING CHANGED RECENTLY?

Insofar as an Indian passport is concerned, nothing has changed since this Bombay High Court ruling thirteen years ago, or even before that. Many Indians, however, seemed unaware that this was the case. Many more believed this was a new development.

While the headline “Passport is not proof of citizenship” caused panic and anger, it isn’t a new development. This was not even an MEA announcement. As noted earlier, it was in response to a very specific question regarding the ongoing SIR process.

WHAT IS PROOF OF CITIZENSHIP?

Under the act, the Ministry of Home Affairs formalised the Citizenship Rules in 2009.

The 2003 Amendment to the Citizenship Act altered the cut-off date for citizenship by birth. According to it, those eligible for citizenship by birth were those who arrived

• on or after January 26, 1950, but before July 1, 1987
• on or after July 1, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents was a citizen of India at the time of his birth.
• on or after the commencement of the Citizenship (Amendment) Act, 2003, where both of their parents are citizens of India; or one of whose parents is a citizen of India and the other is not an illegal migrant at the time of their birth

The amendments received Presidential assent in 2004.

STILL A VALUABLE DOCUMENT

In the same MEA press briefing that triggered this outrage, another ministry official said that the Indian passport is issued “after a lot of due diligence, and we make sure that the person who gets it is actually entitled, and we also base ourselves on documents from several government agencies like the Aadhar, PAN Card.”

Former Foreign Secretary Nirupama Menon Rao also noted on X that the “law and public understanding are not always the same.” She said that while a passport does not create citizenship, that should not be confused with its practical significance. “A passport is issued only after the Government has satisfied itself that the applicant is entitled to one It is the strongest evidence of Indian nationality that most citizens will ever possess,” she wrote.

- Ends