The question that needs an answer
Last week the Republic said something true about itself, and the nation recoiled. The Ministry of External Affairs clarified on Passport Seva Divas that a passport is a travel document and not a document of citizenship. The statement was legally unimpeachable. It also exposed a question India has never fully answered. Let us start with the law because the law is not in dispute.
The Passports Act of 1967 governs the issuance of passports and the Citizenship Act of 1955 governs the acquisition and loss of citizenship. While the former regulates a document, the latter determines a status. The courts have consistently considered a passport to be good prima facie evidence that its holder is Indian but never as conclusive proof. Last August, the Bombay High Court iterated that citizenship cannot be established solely through a passport, Aadhaar or voter card. Citizenship, it ruled, is determined under the Citizenship Act. On paper, the ministry merely restated settled doctrine. So why the alarm? The law was settled but the uncertainty was not. Supporters of the clarification dismissed the controversy as a reaction to “old law”.
Critics feared that the same principle, applied carelessly, could place ordinary citizens at risk. Both sides missed the deeper question. Most Indians were not debating doctrine but asking something more fundamental. If the document that carries the Republic’s authority across borders does not prove you belong to it, then what does? The real problem is not legal ambiguity but the absence of a clear answer. Every democracy has the right to maintain accurate electoral rolls and remove the dead, the duplicated and the genuinely ineligible. A State has the right to establish its nationality and to take action against fraud. The question is narrower and harder.
When the state does ask for proof of citizenship, what can a citizen actually produce? Consider the documents most Indians carry. Aadhaar expressly does not establish citizenship or domicile. Voter ID proves inclusion on an electoral roll, not nationality. PAN is a tax identifier and can be issued to foreign nationals. Ration cards establish eligibility........
