Isn’t an Indian passport proof of citizenship? Here’s what the Passports Act 1967 says | Today’s news
On the occasion of the 14th Passport Seva Divas on Wednesday, the Ministry of External Affairs (MEA) said that a passport is only a travel document and not a proof of Indian citizenship.
The official said: “The passport is issued after a lot of thorough care and is based on documents from several government agencies.” The statement by MEA officials assumes significance after the Supreme Court, during a recent special intensive review (SIR) hearing of electoral rolls, said that Aadhaar was not conclusive proof of citizenship and was merely an identity document.
MEA cites Section 20 of the Passport Act
After a detailed briefing on Wednesday, the MEA’s remarks sparked controversy, with opposition leaders criticizing the central government. The government reiterated on Thursday that the passport has never been considered a document of citizenship, adding that no such decision has been taken either recently or in the past 12 years.
The Center also referred to Section 20 of the Passports Act, 1967 to support its clarification. Section 20 of the Act states: “Notwithstanding anything contained in the foregoing provisions relating to the issue of a passport or travel document, the Central Government may issue or cause to be issued a passport or travel document to a person who is not a citizen of India if that Government is of the opinion that it is necessary in the public interest.”
The government also referred to Bombay High Court judgments in 2013 which made it clear that possession of a passport does not confer citizenship.
Passports Act 1967
The Passports Act, 1967 by law regulates the issue of passports and travel documents, regulates the departure of citizens and other persons from India and covers matters incidental or incidental thereto. It applies to all of India and its citizens who are outside India.
Types of passports and travel documents that may be issued
According to the Passports Act 1967, the government can issue different types of passports and travel documents which are as follows:
- Ordinary passport
- Official passport
- Diplomatic passport
Travel documents
- an emergency certificate authorizing the person to enter India;
- an identity card for the purposes of establishing the identity of a person;
- Such other certificate or document as may be prescribed.
When can the government refuse to issue passports or travel documents?
The Passports Act 1967 sets out when the government can refuse to issue passports or travel documents. The official document states that, subject to the other provisions of this Act, the passport authority shall refuse to issue a certificate of visit to a foreign country under subsection (b) or (c) of subsection 2 of section 5 if one or more of the following reasons exist and for no other reason.
Some cases where a passport may be refused
1. The applicant may or is likely to engage in such activities prejudicial to the sovereignty and integrity of India
2. The applicant’s presence in such country may or may be prejudicial to India.
3. The presence of the applicant in such country may or is likely to endanger India’s friendly relations with that or any other country.
4. In the opinion of the Central Government, the presence of the applicant in such country is not in the public interest.
Although the official document clearly sets out the period of validity of the travel document, the extension of the validity of the passport, offenses and sanctions and the circumstances under which the passport can be cancelled, it does not address citizenship or determine whether the passport should be considered as proof of citizenship.