A passport that doesn't count, a narrowing idea of citizenship, Pg13

Key Highlights:

• The definition of Indian citizenship has become increasingly restrictive, shifting from inclusive principles to those based on territory, status, and exclusion.
• The Citizenship Amendment Act, 2019 (CAA) and the Special Intensive Revision (SIR) in Bihar (2025) and other states (2026) have brought the citizenship debate to the forefront.
• The Ministry of External Affairs (MEA) has clarified that a passport is primarily a travel document and not conclusive proof of citizenship.
• Amendments to the Citizenship Act, 1955, particularly in 1986 and 2003, moved India's citizenship principle from jus soli (by birth) towards jus sanguinis (by blood).
• The National Register of Citizens (NRC) in Assam excluded 1.9 million people, many of whom were Hindus, highlighting challenges in proving citizenship.

Detailed Insights:

• Citizenship was originally seen as a belief in liberal ideas, less tied to territory, but now emphasizes exclusion.
• Foreigners’ Tribunals in Assam have denied citizenship even to individuals possessing numerous documents.
• Early Supreme Court judgments (e.g., Shabbir Hussain, Abdul Khader) were less restrictive regarding proof of citizenship.
• Later judgments (e.g., Izhar Ahmad Khan, Razia Begum) became more stringent, even questioning the sufficiency of an Indian passport as proof.
• Article 5 of the Constitution initially granted citizenship to everyone born in India at its commencement.
• Article 11 empowers Parliament to regulate citizenship by law, leading to the Citizenship Act, 1955.
• The 1986 amendment required at least one parent to be an Indian citizen for birthright citizenship.
• The 2003 amendment further tightened this, requiring both parents to be Indian citizens or one to be Indian and the other not an illegal migrant.
• The Bharatiya Sakshya Adhiniyam, 2023, defines legal terms like "proved," "disproved," and "conclusive proof" for evidence.
• The principle of estoppel suggests the government should not deny citizenship to those it issued passports or voter IDs, unless obtained fraudulently.
• The article advocates for a presumption of citizenship for those born in India, with voter ID and passports serving as conclusive proof.

Key Concepts Involved:

• Jus Soli: Citizenship acquired by birth within the territory of a state.
• Jus Sanguinis: Citizenship acquired by descent from a citizen parent, regardless of the place of birth.
• Conclusive Proof: A fact that, once established, cannot be legally challenged or disproved by further evidence.
• Estoppel: A legal principle preventing a party from asserting a fact or right inconsistent with a previous position or representation.