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Is the ‘Indian Passport’ you hold a guarantee of your citizenship? If you think so, then the recent statement of the Ministry of External Affairs (MEA) may surprise you. On the occasion of Passport Seva Diwas, a senior official of the ministry has clarified that passport is only a ‘travel document’ and not ‘proof of citizenship’. After this statement, a new legal and political debate has erupted in the country.
Root of controversy: What is the ministry’s argument?
According to the Ministry of External Affairs, although a passport certifies a person’s nationality abroad, it cannot be considered as the final and conclusive document of Indian citizenship. The ministry argues that under the Passport Act of 1967, technically this travel document can be issued even to people who are not full-fledged Indian citizens. Supporting the ministry’s stance, government sources have cited the Citizenship Act of 1955 as the sole legal basis for establishing citizenship status.
What is the decision of Bombay High Court?
To clear up all this confusion, an important decision of the Bombay High Court of 2013 is being mentioned. The High Court had made it clear in its decision that the law technically allows issuance of passports to non-citizens also. This is why possession of a passport cannot be ‘conclusive’ proof of citizenship. Explaining this gap between the law and public perception, former diplomat Nirupama Menon Rao said, “A passport is a travel document that protects the rights of the holder, but the legal status of citizenship is entirely governed by the Citizenship Act, 1955.”
What is the real ‘solid’ proof of citizenship?
When passport is not considered as proof of citizenship, then what is the document that proves you are an Indian? According to the government and legal experts, only two documents are considered ‘clear and convincing’ for this:
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Birth Certificate: Which proves that the person was born in India.
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Citizenship Certificate: For persons who have been legally granted Indian citizenship.
Celebrities and leaders raised questions
This stance of the government is being strongly criticized on social media and in political circles. Lyricist Javed Akhtar termed it as ‘absurd’ and asked whether the government itself, while issuing a passport, does not ensure that the holder is an Indian? At the same time, Shiv Sena (UBT) leader Aditya Thackeray expressed concern that if the government continues to maintain the same stance, the credibility and respect of the Indian passport abroad may be negatively affected. Other opposition leaders have also termed it as confusion in the rules of identity and citizenship.
