If passport is not proof of citizenship, what is, Pg12

Key Highlights:

• The Ministry of External Affairs (MEA) clarified that a passport is primarily a travel document and not conclusive proof of Indian citizenship.
• This clarification was made on Passport Seva Divas, reflecting a longstanding government position.
• Indian citizenship is defined by Articles 5 to 11 of the Constitution and the Citizenship Act, 1955, neither of which identifies a single document as proof.
• The government stated in Parliament in 2020 that documents like Aadhaar, passport, voter ID, or PAN card do not constitute valid proof of citizenship.
• Section 20 of the Passport Act allows the Centre to issue travel documents to non-Indian citizens in public interest.

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Detailed Insights:

• Citizenship in India is a legal status derived from facts such as birth, parentage, domicile, or naturalisation, with documents serving as evidence of these facts.
• The Supreme Court in Sarbananda Sonowal v Union of India (2005) affirmed that the burden of proving citizenship rests on the individual claiming it.
• Unlike many countries, India does not issue a universal citizenship certificate for all citizens, with certificates limited to those acquiring citizenship via registration or naturalisation.
• India's civil registration system for births has evolved unevenly, making universal birth registration a relatively recent phenomenon.
• The National Register of Citizens (NRC) was an attempt to create a definitive citizenship document, but its nationwide rollout became politically contentious.
• The only large-scale implementation of the NRC occurred in Assam, where nearly 19 lakh people were excluded due to documentary inconsistencies.

Key Concepts Involved:

• Citizenship Act, 1955: The primary law governing the acquisition, determination, and termination of Indian citizenship.
• Articles 5 to 11 of the Constitution: Constitutional provisions outlining who is a citizen of India at the commencement of the Constitution and empowering Parliament to regulate citizenship.
• Passport Act, 1967: Legislation governing the issuance of passports and travel documents in India.
• National Register of Citizens (NRC): A register containing details of all genuine Indian citizens, intended to identify and document citizens.