Akshay DidwaniyaThe Ministry of External Affairs sparked a nationwide debate on Passport Seva Divas June 24 by reaffirming that an Indian passport is primarily a travel document and not conclusive proof of citizenship. The government maintains no rule has changed, while opposition leaders demanded clarity on what actually proves Indian nationality.
A Statement That Lit a Political Firestorm
On the occasion of the 14th Passport Seva Divas June 24 a senior Ministry of External Affairs official made a statement that instantly went viral. The official clearly stated that an Indian passport is a travel document, not a document of citizenship. The remark was made in response to a question whether a passport could be used to challenge voter exclusion during ongoing electoral roll revisions.
The MEA official said, “Passport is a travel document, and not a document of citizenship, and that distinguishes passport from other documents. Even though while travelling abroad, passport attests to your nationality, it is not a document of your citizenship.”
The statement came during a press interaction marking the 14th Passport Seva Divas a day that celebrates the anniversary of the Passports Act of 1967 and India’s effort to modernise passport services.
What the Law Actually Says
The government pointed to Section 20 of the Passports Act, 1967 a provision that allows the Central Government to issue a passport to a person who is not an Indian citizen, if it deems it necessary in the public interest.
The law states “Notwithstanding anything contained in the foregoing provisions relating to 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 so to do in the public interest.”
This clause often overlooked in public discourse makes it legally possible for a non-citizen to hold an Indian passport under certain conditions. Because of this provision, mere possession of a passport cannot be treated as an ironclad proof of citizenship.
Courts Have Said the Same Before
The government also cited a 2013 Bombay High Court ruling which clearly held that possessing a passport does not, by itself, constitute proof of citizenship. The court reaffirmed that citizenship in India is determined under the Citizenship Act, 1955 based on eligibility and a combination of supporting evidence.
BJP leader Amit Malviya backed the government’s position firmly. He said the MEA had not introduced any new rule but had simply restated a settled legal position that courts have upheld for years.
He wrote on social media “For the ‘kagaz nahin dikhayenge’ brigade outraging over the Ministry of External Affairs’ statement that a passport is not proof of citizenship, here is a reality check. The MEA has not announced a new policy. It has merely reiterated a settled legal position. Indian courts have repeatedly held that a passport is not conclusive proof of citizenship. The Bombay High Court made this clear in 2013 and reaffirmed the principle subsequently: citizenship is determined under the Citizenship Act, 1955, based on eligibility and supporting evidence.”
Malviya added that citizenship is supported by a range of documents including birth records, school certificates, electoral rolls, and land records. A passport, he said, may support a claim but does not alone establish nationality.
Opposition Raises the Big Question: What Does?
The MEA’s statement triggered sharp reactions from opposition leaders across party lines. Rajya Sabha MP Kapil Sibal was among the first to respond raising the crucial question of what document citizens should rely on.
On X, Sibal wrote “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!”
Sibal warned that this ambiguity could give Booth Level Officers (BLOs) the power to cast doubt on an individual’s citizenship potentially disenfranchising voters. He also threatened to challenge the government’s stand before the Supreme Court.
TMC leader Mahua Moitra took a sharp dig suggesting that today the only proof of citizenship seems to be being Hindu and a BJP voter.
AIMIM president Asaduddin Owaisi mocked the clarification sarcastically suggesting that a BJP membership card might eventually become the only recognised proof of citizenship in India.
Shiv Sena (UBT) leader Aaditya Thackeray questioned the logic of rigorous police verification during the passport application process if the passport itself is not treated as a citizenship document. He also warned that foreign immigration authorities might now start questioning Indian passport holders.
“If the MEA believes Passport is not a document of citizenship: 1) What do the police verify before granting a passport? 2) Does our country give passports as travel documents to non-Indians as well? 3) Wouldn’t this announcement create doubts in the minds of other countries?” he wrote.
Congress spokesperson Supriya Shrinate raised similar concerns asking whether international immigration officials should now question the citizenship of people holding Indian passports. Journalist Rajdeep Sardesai pointed out that voter IDs, Aadhaar, PAN cards and passports have all been deemed insufficient and asked which authority would ultimately certify citizenship.
Lyricist Javed Akhtar called the government’s position outright absurd. He wrote “The Ministry of External Affairs says that a passport is a document for travel, not the proof of citizenship. Really??? So are they providing this travel document to some people without being totally convinced that this person is an Indian citizen?? It is absurd.”
No Change in Policy: Govt Holds Its Ground
The government was firm in its clarification nothing has changed. Citizenship in India has always been governed by the Constitution and the Citizenship Act, 1955 never by any single document.
The government noted that in February 2020 when asked whether voter cards, passports, Aadhaar, PAN cards and birth certificates serve as definitive proofs of citizenship Minister of State for Home Affairs Nityanand Rai had clearly stated in a written reply to the Lok Sabha that none of them are conclusive proofs. Citizenship is governed strictly under the Citizenship Act.
India has no single universal document that stands as absolute proof of citizenship a legal reality that has existed for decades, even if it rarely surfaces in public conversation.
Passport Services Are Getting Better, Still
Even amid the controversy, the MEA highlighted significant improvements in passport services. Over 500 Passport Seva Kendras are now operational across India. More than 1.5 crore passport-related services were delivered in 2025. Passports are now being issued within six working days excluding police verification. Applicants now spend less than 45 minutes at service centres.
The government also pointed out that 27 countries now allow visa-free entry for Indian passport holders up from just 16 in 2019. An additional 47 countries offer visa-on-arrival facilities and 66 provide e-visa services.
External Affairs Minister S. Jaishankar marked the occasion crediting Prime Minister Narendra Modi’s vision of “Minimum Government, Maximum Governance” for the transformation of India’s passport infrastructure.
Pratik Agrawal
The BRICS Times