Govt says passport has never been conclusive proof of citizenship, cites Passports Act and Bombay HC

The Centre on Thursday asserted that an Indian passport has never been treated as conclusive proof of citizenship, saying the legal position has remained unchanged for decades and was not introduced through any recent government decision.

The clarification came a day after remarks by the Ministry of External Affairs (MEA) during a media briefing triggered criticism from Opposition leaders. The government said the ministry had merely reiterated provisions already contained in law and recognised by the courts.

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Government cites Passports Act to explain legal position

Explaining its stand, the government referred to Section 20 of the Passports Act, 1967, which allows the Central Government to issue a passport or travel document even to a person who is not an Indian citizen if it considers such issuance necessary in the public interest.

It also pointed to judgments of the Bombay High Court delivered in 2013, saying the court had made it clear that possession of a passport, by itself, does not establish citizenship.

According to the government, no policy change has been made either recently or during the past 12 years.

Kapil Sibal questions MEA statement

The controversy followed the MEA’s statement on Wednesday that an Indian passport is primarily a travel document and should not be treated as definitive proof of citizenship.

Reacting to the remarks, Rajya Sabha MP Kapil Sibal questioned what document would then serve as proof of citizenship.

In a post on X, Sibal wrote, “MEA June 24, 2026 : “A passport is a travel document, and not a document of citizenship.” Which document then is proof of citizenship? BLO can doubt my citizenship Deprive me of my vote Result BJP wins the election Over to Supreme Court !”

BJP says no new policy has been announced

Responding to the criticism, BJP leader Amit Malviya said the MEA had not introduced any new rule and had only restated a long-settled legal position.

In a post on X, Malviya said Indian courts have repeatedly held that a passport is not conclusive proof of citizenship and that citizenship is determined under the Citizenship Act, 1955, based on eligibility and supporting evidence.

Referring to the 2013 Bombay High Court ruling, he said citizenship is established through a combination of official records, including birth certificates, parents’ citizenship records where applicable, school records, electoral roll entries, government service records, land and residence records, passports and other contemporaneous documents.

Malviya further said the Passports Act itself permits the issuance of passports or travel documents to certain non-citizens under specified circumstances. For that reason, he said, possession of a passport alone cannot be treated as conclusive evidence of citizenship.

He maintained that while a passport is an important identity and travel document and may support a citizenship claim, citizenship is derived from the Constitution and the Citizenship Act, not from any single government-issued document.

Passport Seva Divas observed

The clarification comes as India marked the 14th Passport Seva Divas to commemorate the enactment of the Passports Act on June 24, 1967.

As part of the observance, the Ministry of External Affairs held its Annual Regional Passport Officers’ Conference at Sushma Swaraj Bhawan in New Delhi from June 17 to 19.