Shashi Tharoor Calls for Overhaul of Citizenship Proof Laws in India

NEW DELHI: Congress MP Shashi Tharoor on Friday urged for a significant legislative change to ensure that passports and Aadhaar cards serve as conclusive proof of Indian citizenship. His remarks follow the Centre’s recent clarification asserting that a passport is merely a travel document, sparking what he describes as an “absurd legal paradox.”

In a comprehensive post on X, Tharoor explained that the Ministry of External Affairs’s clarification on #PassportSevaDivas has led to widespread confusion, despite the government maintaining that this position has been in place since the Passports Act of 1967.

“The recent statement by the Ministry of External Affairs clarifying that an Indian passport is primarily a ‘travel document and not conclusive proof of citizenship’ has triggered a predictable wave of public bewilderment and political sparring,” he noted in his post.

While Tharoor acknowledged the government’s legal rationale, he challenged the practicality of this viewpoint for ordinary citizens. “Although the government defends this based on Section 20 of the Passports Act of 1967, which allows passports to be issued to non-citizens in rare public-interest cases, this distinction is irrelevant to the average citizen,” he argued.

Tharoor highlighted that a passport has traditionally been viewed as the most reliable identity document in India, as applicants undergo thorough police verification and document checks prior to its issuance. “For decades, the passport has been considered the gold standard of identity. We navigate the bureaucratic maze to obtain one precisely because concrete proof of citizenship is a prerequisite,” he stated. He continued, “To then declare that the very document born from this rigorous vetting does not actually prove citizenship creates an absurd legal paradox. If a passport does not establish domestic citizenship, then what does?”

He referenced previous court rulings indicating that the Aadhaar card has also not been recognized as proof of citizenship. “The Supreme Court has ruled that the Aadhaar card is merely proof of identity and residence, not citizenship. This leaves millions of Indians in a bizarre administrative limbo where they possess top-tier biometric and state-issued documents, yet none are legally accepted as conclusive proof of nationality within their own borders,” he explained.

To address this situation, Tharoor proposed much-needed changes to the legal framework. “To resolve this frivolous controversy once and for all, a common-sense legislative overhaul is urgently required. The government should amend the legal framework to recognize both the passport and the Aadhaar card as valid proofs of Indian citizenship unless explicitly cancelled or withdrawn by the state.”

He also suggested that the Unique Identification Authority of India (UIDAI) create a visually distinctive Aadhaar card for non-citizens residing in India, asserting that this would allow the standard Aadhaar card to serve as proof of citizenship. “The solution is straightforward. UIDAI should introduce a visually distinct Aadhaar card with a diagonal red stripe across the front, specifically designated for non-citizens living in India,” he proposed.

Tharoor emphasized that a dual-document policy, using either a standard Aadhaar card or a valid passport, would streamline identity verification and eliminate uncertainties surrounding citizenship.

His comments came a day after the MEA reiterated that a passport is primarily a travel document and not conclusive proof of citizenship. The ministry reinforced that this has been the legal stance since the Passports Act of 1967, which allows for the issuance of passports to non-citizens in exceptional circumstances. Government officials also referenced past court judgments, including a 2013 ruling from the Bombay High Court, to corroborate this clarification.