The Indian passport is a “travel document” and not a “citizenship document”, a senior official of the Ministry of External Affairs (MEA) said on Wednesday (June 24, 2026). The purpose of the Indian passport is to help Indians transit and travel through foreign ports and territories, and it should not be compared to other documents that are used to establish citizenship rights, the official said.
In response to whether the Indian passport could be used to challenge an exclusion from the voter list through the Special Intensive Revision (SIR) of electoral rolls that is currently underway in 16 States, a senior official replied, “Passport is a travel document, not a document of citizenship, and theoretically speaking, that distinguishes a passport from other documents. Even though while travelling abroad, passport attests to your nationality, yet it is not a document of your citizenship.”
Why did the MEA say a passport is not a citizenship document?
Under Section 5 of the Passport Act, the passport authority, after enquiring, if any, as it may consider necessary, shall issue a passport or travel document. Passports are issued only for international travel. No person shall depart from, or attempt to depart from, India unless he holds a valid passport or travel document.
The government’s Passport Manual says that “a passport provides evidence of the holder’s nationality, but this is placed in the same category as any other evidence of the citizenship status of an individual”. In other words, a passport is strong evidence that its holder is an Indian citizen. However, in law, it is not treated as conclusive proof of citizenship. If a person’s citizenship is disputed, courts may examine it alongside other relevant evidence.
Under Section 6(2)(a), the authority can refuse a passport if the applicant is not a citizen of India. But, under Section 20 of the Act, the union 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 thinks that it is necessary to do so in the public interest.
In 2023, the Madras High Court permitted the daughter of Sri Lankan refugees, a legally stateless person, to apply for a passport under Section 20 of the Passports Act and directed the union government to consider her application and pass an order in the case of Harina v. Regional Passport Officer.
Evidence of citizenship vs. proof of citizenship
The MEA’s response has distinguished between “evidence of citizenship” and “conclusive proof of citizenship”. While citizenship is determined under the Citizenship Act and passports are issued under the Passport Act, the existence of a passport doesn’t by itself be called a conclusive or definitive proof of citizenship in a dispute.
Is being part of electoral roll proof of citizenship?
Last year, during the Special Intensive Revision of electoral rolls in Bihar, the Election Commission of India listed 11 documents along with birth certificates to be furnished for inclusion on the voter rolls.
While responding to a question in the Lok Sabha on August 12, 2025, the Home Ministry did not specify the “categories of valid documents” required for people to prove citizenship in India. The citizenship of India is governed under the provisions of the Citizenship Act, 1955, and rules made thereunder,” Minister of State for Home Nityanand Rai said in a written reply.
The Supreme Court, in its judgment of May 27, 2026, upholding the constitutional validity of the Special Intensive Revision, held that an Aadhaar Card does not constitute proof of citizenship and, therefore, cannot be relied upon for that purpose. However, it is among the documents which may be produced for the limited purpose of establishing the identity of a person.
In the case of Lal Babu Hussein v. Electoral Registration Officer (1995), the Supreme Court has unequivocally held that electors whose names appear on the electoral roll are entitled to a presumption of citizenship, and that this presumption cannot be displaced except by following the procedure prescribed by law.
However, in the SIR judgment, the court emphasised that the Election Commission’s role is confined to determining eligibility for electoral rolls. It cannot adjudicate citizenship, and the citizenship of an individual under the Citizenship Act will not cease on account of their ineligibility to register in the electoral rolls, pursuant to SIR.
Does India have a single proof of citizenship?
India does not prescribe one universal citizenship document. Under the Citizenship Act, 1955, citizenship can be acquired by birth, by descent, by registration, by naturalisation and by incorporation of territory.
Different kinds of evidence may be relied upon depending on the dispute. Citizenship certificates are generally issued to people who acquired citizenship by registration or naturalisation. Most Indians who acquire citizenship by birth or descent do not have a citizenship certificate; it is proven by a series of documents that prove date of birth, place of birth, nationality, parentage, etc., depending on the context.
How can Indian citizenship be acquired?
As mentioned, the Citizenship Act, 1955 recognises four primary modes of acquiring Indian citizenship: by birth, descent, registration and naturalisation.
By birth: The law has changed over time through amendments. Anyone born in India between January 26, 1950 and July 1, 1987 is a citizen by birth, irrespective of their parents’ nationality. For those born between July 1, 1987 and December 3, 2004, at least one parent must have been an Indian citizen. For those born on or after December 3, 2004, one parent must be an Indian citizen while the other should not be an illegal migrant.
By descent: A person born outside India may acquire citizenship if one or both parents are Indian citizens, subject to the conditions and time periods prescribed under the Act. Those born abroad after December 3, 2004 must also have their birth registered at an Indian consulate within the prescribed period.
By registration: Certain categories of persons, including persons of Indian origin, spouses of Indian citizens and minor children of Indian citizens, may apply for citizenship by registration after fulfilling the residence and other conditions laid down in the Act.
By naturalisation: A foreign national may acquire Indian citizenship by naturalisation after meeting the residence requirement, generally 12 years, and satisfying the qualifications prescribed in the Third Schedule to the Act.
The Act does not permit dual citizenship. It has been amended several times, particularly in 1986 and 2003, progressively narrowing citizenship by birth by introducing parental citizenship requirements and excluding children born to illegal migrants from automatic citizenship.
How has the law changed over time?
The Citizenship Act has been amended several times, most notably in 1986, 2003, 2005, 2015 and 2019.
The 1986 amendment marked the first major shift away from the principle of jus soli (citizenship by place of birth). While anyone born in India between January 26, 1950 and July 1, 1987 was automatically a citizen, those born after July 1, 1987 could claim citizenship by birth only if at least one parent was an Indian citizen.
The 2003 amendment made the law more restrictive. For those born on or after December 3, 2004, citizenship by birth is available only if both parents are Indian citizens, or if one parent is an Indian citizen and the other is not an illegal migrant. The amendment also barred illegal migrants from acquiring citizenship through registration or naturalisation.
The 2019 Citizenship (Amendment) Act (CAA) introduced a separate pathway to citizenship for certain migrants belonging to Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities from Pakistan, Bangladesh and Afghanistan who entered India on or before December 31, 2014, by reducing the residency requirement for naturalisation.