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A recent public controversy has raised an important constitutional question: is an Indian passport merely a travel document, or does it signify something more? The issue arose from an unsolicited official statement that a passport is “only a travel document” and not proof of citizenship.

Former Foreign Secretary Nirupama Rao rightly reminded us that citizenship is governed by the Citizenship Act, 1955, not the Passports Act. That proposition is legally unexceptionable. Yet it does not answer the real question: what is the legal and constitutional significance of a passport in a country that issues no universal certificate of citizenship?

The starting point must be the Passports Act, 1967. Curiously, much of the present discussion has overlooked the very language chosen by parliament. The Preamble of the Act states that it is “an Act to provide for the issue of passports and (emphasis added) travel documents, to regulate the departure from India of citizens of India and other persons…”. The deliberate use of two distinct expressions, in several sections of the Passports Act, cannot be dismissed as careless drafting.

A passport is undoubtedly a travel document, but a travel document need not be a passport. Refugees, stateless persons and certain foreign nationals may instead be issued documents such as ‘identity certificates’. Similarly, an Indian who is being extradited and whose passport is cancelled may be issued a travel document to enter India.

Parliament created two legal categories of documents, not one. To reduce a passport to “just another travel document” is to blur a distinction the statute itself deliberately draws.

There is a further reason the passport occupies a unique place in Indian law. Unlike many countries, India does not issue a universal certificate of citizenship. There is no single document handed to every Indian certifying nationality; certificates of citizenship are issued only in limited cases, such as registration or naturalisation. The overwhelming majority of Indians possess no such certificate.

Citizenship is therefore ordinarily........

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