Rules regarding Indian citizenship and passport have become a point of discussion after Congress leader Pawan Khera claimed that Assam Chief Minister Himanta Biswa Sarma’s wife Riniki Bhuyan Sharma holds several foreign passports. Khaira said in a press conference on Sunday that she holds passports from the United Arab Emirates, Antigua Barbuda and Egypt, which expire between 2027 and 2031.
Sarma has dismissed the allegations as “Congress propaganda” and claimed that the documents are fabricated. He said he and his wife would seek “life imprisonment” against the Congress leader.
But can an Indian citizen hold multiple passports?
The Passports Act 1967 states that authorities can seize passports if someone is in “unlawful possession.” If someone incorrectly obtains another passport, it can also be cancelled.
Article 12 punishes fraud, concealment or misuse of passports. Holding multiple passports, especially through misrepresentation, can result in legal action.
Does India allow dual citizenship?
Under Section 9 of the Citizenship Act, 1955, an Indian citizen automatically loses his citizenship if he voluntarily acquires citizenship of another country. The Constitution also does not allow simultaneous holding of Indian and foreign citizenship.
Read also: Assam CM Himanta issues ‘life imprisonment’ warning to Kunj’s Keira over claims over wife’s ‘three passports’
What is the Overseas Citizenship of India (OCI) programme?
Introduced under Section 7A of the Citizenship Act, the OCI allows certain persons of Indian origin who have acquired foreign nationality to live and work in India on a lifetime visa. OCI is not a citizenship and does not grant political rights such as voting or holding public office. OCI cardholders are also subject to certain restrictions, including the need for special permission to undertake research, missionary or mountaineering activities.
Is it legal to hold two passports in India?
Under Rule 30 of the Citizenship Rules, 1956, holding a foreign passport is treated as evidence that a person has acquired foreign nationality. The Supreme Court adopted this view in Deepali Katya Chadha v. Union of India (1995). In other words, once a person obtains a foreign passport, he is no longer considered an Indian citizen.
Since a passport is linked to citizenship, a person cannot legally hold an Indian passport and a foreign passport at the same time. Doing so would be illegal under India’s ban on dual citizenship.
Last year, the government reported more than 1,300 cases of people holding more than one Indian passport in the last five years. They were treated as security risks. In such cases, the authorities routinely cancel the documents and initiate legal proceedings under the Passports Act of 1967.
