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EYE ON INDIA                                                              JULY 03, 2026    |  The Indian Eye                    8


         Passport, Citizenship Debate






              Sparks Political Confusion







            The Centre says a passport has never been conclusive proof of citizenship, but the clarification has

                        triggered sharp political questions over how Indians establish their nationality.

        OUR BUREAU                                                                                            cism from AIMIM president Asa-
                                                                                                              duddin Owaisi, who accused the
        New Delhi
                                                                                                              government of creating uncertainty
              he Central government’s clar-                                                                   over the citizenship status of ordi-
              ification that an Indian pass-                                                                  nary Indians.
        Tport is not, by itself, proof of                                                                         Speaking in Hyderabad, Owaisi
        citizenship has ignited a fresh po-                                                                   questioned why citizens born in In-
        litical controversy, with opposition                                                                  dia should now face doubts regard-
        leaders accusing the Centre of creat-                                                                 ing their nationality. “I am by birth
        ing uncertainty over one of the most                                                                  and by choice, an Indian citizen. My
        fundamental aspects of citizenship,                                                                   generations and my grandfather’s
        while the government insists it has                                                                   grandfather was born over here. I
        merely reiterated a long-established                                                                  feel that the government wants to re-
        legal position.                                                                                       tain the control to randomly ask any
            The debate began after the                                                                        person, are you an Indian?” he said.
        Ministry  of   External  Affairs                                                                          Owaisi also disputed the gov-
        (MEA), during a detailed me-                                                                          ernment’s interpretation of the Pass-
        dia  briefing,  stated  that  an  Indian                                                              ports Act, arguing that passports
        passport is primarily a travel doc-                                                                   are issued only after detailed police
        ument and should not be treated                                                                       verification and therefore carry sig-
        as  definitive  proof  of  citizenship.   A passport is internationally accepted as a travel document issued by a sovereign state, but in   nificant  evidentiary  value  regarding
            The    remarks   immediately                                                                      citizenship.
        prompted criticism from opposition   Indian law it has never been treated as the sole determinant of citizenship (ANI file photo)   “If you read the Passport Act
        leaders, who questioned what docu-                                                                    1967, it clearly says that a passport is
        ments ordinary  citizens should  rely   questioned the government’s mes-  settled legal position,” Malviya wrote   not given to a non-Indian citizen and
        upon to establish their nationality.  saging, asking what document or-  on X.                         a passport is given only after a thor-
            Seeking to quell the controversy,   dinary Indians should now treat as   He noted that citizenship in In-  ough police verification,” he said.
        the government clarified on Thurs-  proof of citizenship. In a post on X,  dia flows from the Constitution and   The controversy has revived
        day that it had neither introduced a   Sibal wrote: “MEA June 24, 2026:  the Citizenship Act, 1955, rather   memories of earlier nationwide de-
        new policy nor altered existing law.  ‘A passport is a travel document,  than from possession of any single   bates  over citizenship  documenta-
            According to the Centre, a    and not a document of citizenship.’  government-issued document.    tion during discussions surrounding
        passport has never been regarded   Which document then is proof of cit-  According to Malviya, Indian   the Citizenship Amendment Act
        as conclusive proof of citizenship,   izenship? BLO can doubt my citizen-  courts have consistently held that cit-  (CAA) and the proposed National
        either recently or during the past   ship. Deprive me of my vote. Result  izenship is determined through eligi-  Register of Citizens (NRC).
        12 years. The government pointed   BJP wins the election. Over to Su-  bility under the Citizenship Act and a   Although  the  present  clarifica-
        to Section 20 of the Passports Act,   preme Court!”                 range of supporting evidence rather   tion  relates  specifically  to  the  legal
        1967, which expressly allows the      His  comments  reflected  con-  than a single document.         status of passports under the Pass-
        Central Government, in exceptional   cerns among opposition leaders that   He said records such as birth   ports Act, opposition parties fear it
        cases and in the public interest, to   uncertainty over citizenship docu-  certificates,  parents’  citizenship  re-  could fuel broader uncertainty over
        issue a passport or travel document   mentation could eventually affect  cords where applicable, school cer-  documentation requirements.
        to a person who is not an Indian   electoral rolls or voter rights, al-  tificates, electoral rolls, government   Legal experts have long distin-
        citizen. It also cited a 2013 Bombay   though the government has made no  service records, land and residence   guished  between proof of  identity,
        High  Court  judgment  holding  that   announcement suggesting any such  documents and passports together   proof of nationality and proof of cit-
        possession of a passport does not,   change.                        may help establish citizenship.   izenship. A passport is internation-
        by itself, establish citizenship.     The Bharatiya Janata Party re-    “A passport is an important   ally accepted as a travel document
            The  clarification  emphasized   jected suggestions that the MEA’s  identity and travel document. It is   issued by a sovereign state, but in In-
        that the legal position has remained   statement represented a policy shift.  evidence that may support a claim   dian law it has never been treated as
        unchanged for decades and is rooted   BJP IT Department head Amit  of  citizenship.  But  citizenship  itself   the sole determinant of citizenship.
        both in statute and judicial interpre-  Malviya argued that the Ministry had  flows from the Constitution and the   Courts have consistently held that
        tation.Nevertheless, the statement   simply restated a settled legal prin-  Citizenship Act, not from the posses-  citizenship questions must be decid-
        quickly snowballed into a wider po-  ciple  already  recognised  by  courts.  sion of any single government-issued   ed under the Citizenship Act using
        litical debate.                   “The MEA has not announced a  document,” he wrote.                  all relevant evidence rather than re-
            Rajya Sabha MP Kapil Sibal    new policy. It has merely reiterated a   The issue has also drawn criti-  lying exclusively on one document.


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