MEA Clarifies Passport’s Role as Travel Document, Not Proof of Citizenship

New Delhi: Amid a flurry of reactions to Wednesday’s clarification by officials from the Ministry of External Affairs (MEA) regarding the status of passports as proof of Indian citizenship, it is crucial to point out that this statement merely reiterated long-standing practices that have been in place for decades.

Official sources clarified on Thursday, emphasizing, “It was not decided yesterday that a passport is not proof of citizenship. This has been established for years. The Passport Act of 1967 specifies that passports can be issued to non-citizens. In fact, judgments by the Bombay High Court from 2013 also support the stance that a passport does not serve as proof of citizenship,” an official remarked.

Former foreign secretary Nirupama Rao took to X to articulate that the notion of a passport as a travel document rather than a proof of citizenship is “legally correct.” She further explained that while passports are issued in accordance with the Passports Act, citizenship is defined under the Citizenship Act. “One law regulates the document; the other governs the legal status,” she noted.

The controversy came to light on Wednesday when MEA officials, while discussing the benefits of chip-enabled e-passports, underlined that a passport is fundamentally a travel document. They referenced the Bombay High Court’s position that, given the law permits the issuance of passports to non-citizens, mere possession of a passport cannot be deemed as “conclusive” or “definitive” proof of citizenship.

The Bombay High Court had previously denied relief to an individual and three others accused of being illegal immigrants, despite them presenting passports (which were subsequently revoked), Aadhaar cards, and birth certificates to assert their Indian nationality.

Nonetheless, the MEA’s clarifications have sparked concerns; many individuals expressed confusion regarding the implication of these statements. This has led to calls for the government to introduce documentation that unequivocally certifies citizenship.

P.K. Malhotra, former law secretary and constitutional law expert, emphasized that since the courts have clearly ruled that documents like Aadhaar, EPIC, and ration cards only establish a person’s identity and do not provide conclusive evidence of citizenship, it is imperative for the government to develop a document that definitively verifies Indian citizenship. “This will alleviate citizens’ fears of potential harassment by various public authorities,” he added.

The Passports Act of 1967, which was enacted during the tenure of Prime Minister Indira Gandhi, outlined the law for issuing “passports and travel documents” and established regulations for the departure from India of Indian citizens and other individuals.