25 June,2026 11:59 AM IST | New Delhi | mid-day online correspondent
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The Centre on Thursday clarified that an Indian passport has never been regarded as conclusive proof of citizenship, stating that no new policy has been introduced and that the legal position has remained unchanged for decades.
The clarification came a day after the Ministry of External Affairs (MEA) stated during a media briefing that a passport is primarily a travel document and should not be treated as definitive proof of Indian citizenship. The remarks triggered criticism from Opposition leaders, prompting the government to explain the legal basis for its position.
The government said the distinction is rooted in the Passports Act, 1967, and has also been upheld by judicial pronouncements, including a Bombay High Court ruling in 2013.
In its clarification, the government referred to Section 20 of the Passports Act, 1967, which empowers the Central Government to issue a passport or travel document even to a person who is not an Indian citizen under specific circumstances.
"Notwithstanding anything contained in the foregoing provisions relating to 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," Section 20 of the Act states.
The government said this provision itself demonstrates that possession of a passport cannot automatically be treated as conclusive evidence of Indian citizenship.
The government also cited judgments delivered by the Bombay High Court in 2013, which held that possession of an Indian passport alone does not establish citizenship.
According to the Centre, the court had clarified that citizenship is determined under the Citizenship Act, 1955, and not merely through possession of a passport or any single government-issued document.
The clarification emphasised that this legal position has existed for years and was not introduced recently.
The issue gained political attention after Rajya Sabha MP Kapil Sibal questioned the implications of the MEA's statement.
In a post on X, Sibal wrote, "MEA June 24, 2026 : "A passport is a travel document, and not a document of citizenship." Which document then is proof of citizenship? BLO can doubt my citizenship Deprive me of my vote Result BJP wins the election Over to Supreme Court !"
Sibal's remarks came amid the ongoing debate over citizenship documentation and electoral verification.
Responding to the criticism, BJP leader Amit Malviya said the Ministry of External Affairs had merely reiterated an established legal position rather than announcing any new policy.
In a post on X, he wrote, "For the "kagaz nahin dikhayenge" brigade outraging over the Ministry of External Affairs' statement that a passport is not proof of citizenship, here is a reality check. The MEA has not announced a new policy. It has merely reiterated a settled legal position. Indian courts have repeatedly held that a passport is not conclusive proof of citizenship. The Bombay High Court made this clear in 2013 and reaffirmed the principle subsequently: citizenship is determined under the Citizenship Act, 1955, based on eligibility and supporting evidence, not by the mere possession of a single document. In India, citizenship is established through a combination of records, including birth certificates, parents' citizenship records (where relevant), school records, electoral roll entries, government service records, land and residence records, passports, and other contemporaneous official documents. The statutory position is equally clear,"
He further said, "Under the Passports Act, 1967, the Central Government has the power in specified circumstances to issue a passport or travel document even to a non-citizen. The law itself therefore recognises that possession of a passport cannot, by definition, be treated as conclusive proof of citizenship. This distinction is neither unusual nor controversial. A passport is an important identity and travel document. It is evidence that may support a claim of citizenship. But citizenship itself flows from the Constitution and the Citizenship Act, not from the possession of any single government-issued document. The outrage is not over a new rule. It is over a legal position that has long been settled by both statute and the courts."
The clarification came as India marked the 14th Passport Seva Divas, commemorating the enactment of the Passports Act on June 24, 1967.
As part of the observance, the Ministry of External Affairs recently organised a three-day Annual Regional Passport Officers' Conference at Sushma Swaraj Bhawan in New Delhi from June 17 to 19, 2026. The conference focused on passport services, policy implementation and administrative reforms as part of the Passport Seva Divas celebrations.
