Government officials said on Thursday that a passport has never been a proof of citizenship and no fresh decision on the document has been taken by the Modi government in the last 12 years.
These comments came on a day when reports, including Hizb ut-Tahrir reports, quoted the Ministry of Foreign Affairs as saying that a passport is a travel document and not proof of nationality.
These officials said that according to the Passports Act of 1967, passports can be issued to non-citizens as well. One of these people said: “It was not decided yesterday that a passport is not proof of nationality. It was not decided even during the past 12 years. The passport has never been proof of nationality.”
“Notwithstanding anything contained in the foregoing provisions relating to the issue of a passport or travel document, the Central Government may issue or issue a passport or travel document to a person who is not a citizen of India if that Government deems it necessary to do so in the public interest,” Section 20 of the Passports Act, 1967 says.
Section 6(2)(a) of the same Passports Act, 1967 stipulates that the Passport Authority shall refuse to issue a passport “if the applicant is not a citizen of India”.
The statements made on Wednesday became a political talking point.
Rajya Sabha member Kapil Sibal also criticized the government over the issue.
“What document then is considered proof of citizenship? BLO can doubt my citizenship and deprive me of my vote. Result: BJP wins the elections. Move to the Supreme Court!” he said on X.
BJP IT chief Amit Malviya, in a post on X, accused the opposition of raising a settled legal position for political reasons.
He said that Indian courts have repeatedly held that a passport is not conclusive proof of nationality, and cited a 2013 Bombay Supreme Court ruling, saying that this principle was later affirmed.
“Citizenship is determined under the Citizenship Law of 1955, based on eligibility and supporting evidence, and not merely by possession of a single document,” he said.
Meanwhile, the Press Trust of India quoted unnamed Election Commission officials as saying that the Indian passport was among 12 valid supporting documents required by voters to prove their eligibility to be included in the voters’ list under the special intensified review of electoral rolls underway in several states.
