Centre clarifies passport is not proof of citizenship, cites 1967 law

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 decadesThe 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 positionThe 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 2013Government cites Passports Act 1967In 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 circumstancesNotwithstanding 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 statesThe government said this provision itself demonstrates that possession of a passport cannot automatically be treated as conclusive evidence of Indian citizenshipCentre refers to Bombay High Court judgmentThe government also cited judgments delivered by the Bombay High Court in 2013 which held that possession of an Indian passport alone does not establish citizenshipAccording 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 governmentissued documentThe clarification emphasised that this legal position has existed for years and was not introduced recentlyOpposition questions governments standThe issue gained political attention after Rajya Sabha MP Kapil Sibal questioned the implications of the MEAs statementIn 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 MEAJune 24 2026 ldquoA passport is a travel document and not a document of citizenshiprdquo Which document then is proof of citizenshipBLO can doubt my citizenship Deprive me of my vote Result BJP wins the election Over to Supreme Court mdash Kapil Sibal KapilSibal June 24 2026Sibals remarks came amid the ongoing debate over citizenship documentation and electoral verificationBJP says legal position is well establishedResponding 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 policyIn 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 clearHe 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 noncitizen 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 governmentissued 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 courtsFor the ldquokagaz nahin dikhayengerdquo brigade outraging over the Ministry of External Affairsrsquo statement that a passport is not proof of citizenship here is a reality checkThe MEA has not announced a new policy It has merely reiterated a settled legal positionIndian courtshellip pictwittercomnioEleKm65mdash Amit Malviya amitmalviya June 25 2026Passport Seva Divas observedThe clarification came as India marked the 14th Passport Seva Divas commemorating the enactment of the Passports Act on June 24 1967As part of the observance the Ministry of External Affairs recently organised a threeday 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