Can an Indian passport prove citizenship? Justice Markandey Katju argues the MEA's recent clarification contradicts the Passports Act and explains the legal position.
Passports and citizenship
By Justice Markandey Katju
The Indian Ministry of External Affairs has recently issued a statement that a passport is only a travel document, not a conclusive proof of citizenship
This statement has triggered a huge controversy in India, so a clarification is necessary.
Only 8.7% of Indians hold a passport. This is roughly 120 million individuals out of India's population of about 1.43 billion.
Hence, the statement of the Ministry of External Affairs is wholly irrelevant to over 91% Indians who do not have passports. But what about those who have it ?
The Indian Citizenship Act, 1955 provides that a person can become an Indian citizen by birth, descent, registration, or naturalization
Now section 6(2) of the Indian Passports Act, 1967 says :
'' Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub-section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:— (a) that the applicant is not a citizen of India ''
So unless one has satisfied the Passport Officer that he/she is an Indian citizen, one cannot get a passport. To be satisfied that the applicant is an Indian citizen, the Passport Officer will naturally ask the applicant for its proof e.g. birth certificate, high school certificate, naturalization certificate, etc. Only on getting such proof can he issue the passport.
It logically follows that holding a valid passport is per se proof of citizenship
Of course under section 20 of the Passports Act in certain specific circumstances a passport can be issued to a non-citizen, but that is very rare, and is only done if the Government of India thinks it is in the public interest. Section 20 is an exception, and cannot detract from the efficacy of the main rule contained in section 6(2).
It follows that the stand of the Ministry of External Affairs is not correct. A passport proves citizenship.
(Justice Katju is a retired judge of the Supreme Court of India and a former Chairman of the Press Council of India. These are his personal views.)
