'Which document then proves citizenship?' Opposition slams Centre's passport remark
What's the story
The Ministry of External Affairs (MEA) has sparked a debate by stating that a passport is not proof of citizenship but a travel document. The statement was made on Tuesday, during the observance of Passport Seva Divas. The MEA clarified that while passports are issued after extensive verification and due diligence, they are primarily travel documents and not conclusive proof of citizenship. This clarification has drawn criticism from opposition leaders who have questioned its implications.
Political backlash
Opposition leaders slam BJP-led central government
Congress leader Kapil Sibal and Trinamool Congress MP Mahua Moitra were among the first to respond to the MEA's clarification. Sibal asked, "Which document then is proof of citizenship?" while Moitra sarcastically remarked that "the only proof of Indian citizenship today is to be both Hindu and a BJP voter." Shiv Sena (UBT) MP Aaditya Thackeray also questioned why police verify before granting them if it is not a document of citizenship.
Legal implications
Legal debate on what constitutes proof of citizenship reignited
In a satirical post, the Congress's Kerala unit wrote, "Aadhaar is a card. PAN is for cooking. Voter ID is for showing, not voting. Income Tax Return is for returning your income....Election affidavit is for creative writing. And Modi is a joke!" The MEA's clarification has reignited a long-standing legal debate on what constitutes proof of citizenship in India. The Passports Act, 1967, under which passports are issued to Indian citizens for international travel, seems to contradict the MEA's statement.
Document scrutiny
Other documents also scrutinized for proof of citizenship
Section 6(2)(a) mandates refusal of passport issuance if the applicant is not a citizen. This implies that extensive verification is done before issuing a passport, making it strong evidence of citizenship. The debate over proof of citizenship isn't limited to passports. Voter identity cards, Aadhaar cards, and PAN cards have also been scrutinized. The Representation of the People Act, 1950 states only citizens can be registered as voters but doesn't independently establish citizenship. Similarly, Aadhaar does not establish citizenship.
Legal complexity
Legal position on issue of citizenship
India's legal system operates on the presumption that most people are citizens unless a dispute arises. This has worked well for decades, as citizens were rarely required to prove their status. However, recent exercises involving citizenship verification and electoral roll scrutiny have exposed the absence of a universally accepted document. The only document certifying citizenship is a citizenship certificate under the Citizenship Act, but this is relevant only for those who acquired citizenship through registration or naturalization.