Govt clarifies passport never been proof of citizenship; Cites Passports Act 1967, Bombay HC 2013 ruling

NEW DELHI: The government on Thursday clarified that a passport has never been considered proof of citizenship, adding that no such decision was taken either recently or in the last 12 years. The clarification referenced Section 20 of the Passports Act, 1967, which provides for the issuance of passports to non-citizens.

“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”, Section 20 of the Act states.

The government also pointed to judgments of the Bombay High Court from 2013 that had made it clear that possession of a passport does not establish citizenship. The clarification came after the Ministry of External Affairs (MEA), during a detailed briefing on Wednesday, stated that an Indian passport is primarily a travel document and should not be considered definitive proof of citizenship. The remarks led Opposition leaders to criticise the Centre.

Rajya Sabha MP Kapil Sibal on Wednesday reacted to the Ministry of External Affairs statement, asking which document then constitutes 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 !”

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 !

— Kapil Sibal (@KapilSibal) June 24, 2026

BJP leader Amit Malviya said that the Ministry of External Affairs had not announced a new policy, but had merely reiterated a settled legal position. In a post on X, he stated that Indian courts have repeatedly held that a passport is not conclusive proof of citizenship, citing the 2013 Bombay High Court ruling and subsequent reaffirmations that citizenship is determined under the Citizenship Act, 1955, based on eligibility and supporting evidence.

” 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, not by the mere possession of a single document. In India, citizenship is established through a combination of records, including birth certificates, parents’ citizenship records (where relevant), school records, electoral roll entries, government service records, land and residence records, passports, and other contemporaneous official documents. The statutory position is equally clear,” the post read.

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… pic.twitter.com/nioEleKm65

— Amit Malviya (@amitmalviya) June 25, 2026

Malviya stated that a passport is an important identity and travel document and may support a claim of citizenship, but citizenship flows from the Constitution and the Citizenship Act.

“Under the Passports Act, 1967, the Central Government has the power in specified circumstances to issue a passport or travel document even to a non-citizen. The law itself therefore recognises that possession of a passport cannot, by definition, be treated as conclusive proof of citizenship. This distinction is neither unusual nor controversial. A passport is an important identity and travel document. It is evidence that may support a claim of citizenship. But citizenship itself flows from the Constitution and the Citizenship Act, not from the possession of any single government-issued document. The outrage is not over a new rule. It is over a legal position that has long been settled by both statute and the courts,” the post added.

India marked the 14th Passport Seva Divas, celebrating the enactment of the Passports Act on June 24, 1967. Last week, the Ministry of External Affairs organised a three-day Annual Regional Passport Officers’ (RPO) Conference at the Sushma Swaraj Bhawan (SSB) in New Delhi from June 17-19, 2026, to mark the enactment of the Passports Act, 1967 and as part of celebrations of the Passport Seva Divas. (ANI)