Why a passport is a strong proof of citizenship, but not the final proof in legal disputes, explains the former foreign minister | Today’s news

Former foreign minister Nirupama Menon Rao joined the debate on the legal status of passports, saying that while an Indian passport is a strong proof of citizenship in everyday life and international travel. However, Rao said it is not the final legal authority on citizenship disputes.

Rao’s remarks come amid a controversy sparked by the Ministry of External Affairs’ recent clarification that a passport is a travel document and not a citizenship document. The MEA on Wednesday reiterated that the Indian passport is only a travel document and should not be treated as irrefutable proof of citizenship.

Read also | Your passport does not prove that you are an Indian citizen. So what does he do?

The clarification came on June 24 during a briefing on India’s expanding passport and mobility ecosystem when India flagged14th Pass of Seva Divas.

Quick answers to key questions

•5 QUESTIONS

A passport is considered strong proof of citizenship because it is issued after the government verifies the applicant’s status. However, it is not considered conclusive evidence in court cases, as citizenship is governed by the Citizenship Act, which may take other evidence into account.

The Ministry of Foreign Affairs clarified that a passport is only a travel document and should not be considered a definitive proof of citizenship, and emphasized that citizenship issues are governed by the Citizenship Act.

There is no definitive document proving Indian citizenship; however, documents such as birth certificates, voter IDs, and other government-issued materials may be used to determine citizenship status.

The Government of India may reject an application for a passport if the applicant is likely to engage in activities prejudicial to national interests or if his presence in a foreign country may be detrimental to India’s relations with that country.

The Passports Act 1967 provides that a passport is issued on the basis of verified citizenship; however, it does not itself determine or establish citizenship, which remains within the purview of the Citizenship Act.

Rao wrote a long post on X that the discussion created more heat than light.

Rao said the MEA’s statement that a passport is a travel document and not a citizenship document was legally correct. “A passport is issued under the Passport Act, while citizenship is governed by the Citizenship Act, 1955. One Act governs the document, the other the legal status,” she said.

The MEA’s clarification comes amid recent controversies over electoral roll revisions and citizenship verification. In these circumstances, the question arises, if even a passport does not conclusively prove citizenship, what document for Indians?

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. “Notwithstanding anything contained in the preceding provisions relating to the issue of a passport or travel document, 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 considers it necessary in the public interest,” the section reads.

But law and public understanding are not always the same, Rao said.

Who is Nirupama Menon Rao?

Nirupama Menon Rao is a retired 1973-batch Indian Foreign Service civil servant who served as the Foreign Secretary of India from 2009 to 2011 and was India’s ambassador to the United States, China and Sri Lanka during her career.

Read also | “Can non-citizens get an Indian passport?” Netizens are asking what citizenship proves

“For most Indians, the passport is the most authoritative document issued by the Republic. It bears the name of the Republic of India, carries the identity of the holder and is accepted worldwide because foreign governments trust that India has verified the holder’s nationality before issuing it. It is therefore quite understandable that many people have asked: if a passport is not proof of citizenship, then what is?” she said, adding that the answer required some nuance.

The MEA’s clarification drew opposition reactions. Senior Congress leader and former External Affairs Minister Salman Khurshid told the media that “the Passport Act does not say that this is proof of your citizenship, it says that if you are not a citizen, you will not get a passport”.

A passport does not confer citizenship, Rao added. “Nor is it a legal instrument that definitively determines citizenship if that status is challenged in court. Like many democracies, India distinguishes between a citizenship law and a passport law. In rare cases involving fraud, disputed parentage or illegal acquisition, citizenship may need to be established through the provisions of the citizenship law and supporting evidence. This is why a passport is not considered conclusive evidence in law,” Rao said.

But that should not be confused with its practical significance, she said.

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The passport is issued only after the government is satisfied that the applicant is eligible for it, Rao said. “In everyday life and international travel, this is the strongest proof of Indian nationality that most citizens will ever have. Nothing the MEA says will change that. No immigration official abroad will suddenly look at an Indian passport with suspicion because of a legal explanation made in Delhi,” she said.

Passport vs Citizenship

The passport is issued only after the government verifies that the applicant is an Indian citizen, while citizenship itself is governed by the Citizenship Act, she said. The passport remains the Republic’s most trusted document for international travel and the clearest proof of Indian nationality in everyday life. This is legally accurate and reassuring. There is no need to water down the law, but neither does the public’s trust in one of the most important documents of the republic,” she said.

Read also | Here’s what the Passports Act 1967 says about proof of citizenship

A passport does not establish citizenship, nor is it a legal instrument that definitively determines citizenship if that status is challenged in court.

Elaborating on the argument, Rao said that the passport is issued because the government is satisfied that you are an Indian citizen. So it’s a strong proof of citizenship in everyday life and in international travel, she said.

“But in a legal dispute over citizenship itself, the law of citizenship remains the governing law and a passport is not conclusive evidence that takes precedence over all other evidence,” Rao concluded.