Why a passport is a strong evidence of Citizenship but not final proof in legal disputes, e foreign secretary explains
Foreign Secretary Nirupama Menon Rao has weighed into the debate over the legal status of passports, saying that while an Indian passport is powerful evidence
Foreign Secretary Nirupama Menon Rao has weighed into the debate over the legal status of passports, saying that while an Indian passport is powerful evidence of citizenship in everyday life and international travel. However, Rao said, it is not the final legal authority in disputes over citizenship. Rao's remarks come amid a controversy sparked by the Ministry of External Affairs' recent clarification that a passport is a travel document and not proof of citizenship. The MEA reiterated on Wednesday that an Indian passport is merely a travel document and should not be regarded as conclusive proof of citizenship. The clarification came on 24 June during briefing on India's expanding passport and mobility ecosystem as India marked the14th Passport Seva Divas. Quick answers to key questions • 5 QUESTIONS 1 Why is a passport considered strong evidence of citizenship but not conclusive proof? ⌵ A passport is viewed as strong evidence of citizenship because it is issued after the government verifies the applicant's status. However, it is not considered conclusive proof in legal disputes as citizenship is governed by the Citizenship Act, which can consider other evidence. 2 What does the Ministry of External Affairs say regarding the citizenship status of passport holders? ⌵ The Ministry of External Affairs clarified that a passport is merely a travel document and should not be viewed as definitive proof of citizenship, reinforcing that citizenship issues are governed by the Citizenship Act. 3 What documents can be used to prove Indian citizenship, if a passport is not sufficient? ⌵ There is no definitive document to prove Indian citizenship; however, documents like birth certificates, voter IDs, and other government-issued materials may be utilized to establish citizenship status.
4 When can the Indian government deny a passport application? ⌵ The Indian government can deny a passport application if the applicant is likely to engage in activities prejudicial to national interest, or if their presence in a foreign country may be detrimental to India's relations with that country. 5 How does the Passports Act define the relationship between passports and citizenship? ⌵ The Passports Act, 1967 specifies that a passport is issued based on verified citizenship; however, it does not itself determine or establish citizenship, which remains under the jurisdiction of the Citizenship Act. Rao wrote a long post on X saying that the discussion had generated more heat than light. Rao said MEA's statement that a passport is a travel document, not a proof of citizenship was legally correct. “A passport is issued under the Passports Act, while citizenship is governed by the Citizenship Act, 1955. One law regulates the document; the other regulates the legal status,” she said. The MEA clarification comes amid recent controversies over electoral roll revisions and citizenship verification exercises. Under these circumstances, the question arises is if even a passport does not conclusively prove citizenship, what document does for Indians? On Thursday, the government again clarified that a passport has never been considered proof of citizenship, and added that no such decision was taken either recently or in the last 12 years. The Centre also referenced Section 20 of the Passports Act, 1967, to support its clarification. “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,” the section reads.
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