Why a passport is a strong evidence of Citizenship but not final proof in legal disputes, ex-foreign secretary explains

Former Foreign Secretary Nirupama Menon Rao has weighed into the debate over the legal status of passports, saying that while an Indian passport is powerful evidence of citizenship in everyday life and international travel. However, Rao said, it is not the final legal authority in disputes over citizenship.

Rao's remarks come amid a controversy sparked by the Ministry of External Affairs' recent clarification that a passport is a travel document and not proof of citizenship. The MEA reiterated on Wednesday that an Indian passport is merely a travel document and should not be regarded as conclusive proof of citizenship.

The clarification came on 24 June during briefing on India's expanding passport and mobility ecosystem as India marked the14th Passport Seva Divas.

Rao wrote a long post on X saying that the discussion had generated more heat than light.

Rao said MEA's statement that a passport is a travel document, not a proof of citizenship was legally correct. “A passport is issued under the Passports Act, while citizenship is governed by the Citizenship Act, 1955. One law regulates the document; the other regulates the legal status,” she said.

The MEA clarification comes amid recent controversies over electoral roll revisions and citizenship verification exercises. Under these circumstances, the question arises is if even a passport does not conclusively prove citizenship, what document does for Indians?

On Thursday, the government again clarified that a passport has never been considered proof of citizenship, and added that no such decision was taken either recently or in the last 12 years.

The Centre also referenced Section 20 of the Passports Act, 1967, to support its clarification. “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,” the section reads.

But law and public understanding are not always the same, Rao said.

Who is Nirupama Menon Rao?

Nirupama Menon Rao is a retired civil servant of 1973 batch Indian Foreign Service cadre who served as India's Foreign Secretary from 2009 to 2011, as well as being India's Ambassador to the United States, China and Sri Lanka during her career.

“For most Indians, the passport is the most authoritative document the Republic issues. It bears the name of the Republic of India, carries the holder’s identity, and is accepted around the world because foreign governments trust that India has verified the bearer’s nationality before issuing it. It is therefore entirely understandable that many people asked: if a passport is not proof of citizenship, then what is?” she said adding that the answer requires some nuance.

The MEA clarification evoked reactions from the opposition. Senior Congress leader and former Minister of Externa Affairs Salman Khurshid told media that "Passport Act does not say that it is a proof of your citizenship, but it does that if you are not a citizen, you won't get a passport"

A passport does not create citizenship, Rao addied. “Nor is it the legal instrument that finally determines citizenship if that status is challenged before a court. Like many democracies, India distinguishes between citizenship law and passport law. In rare cases involving fraud, disputed parentage or illegal acquisition, citizenship may have to be established through the provisions of the Citizenship Act and supporting evidence. That is why a passport is not regarded in law as conclusive proof in every conceivable circumstance,” Rao said.

But that should not be confused with its practical significance, she said.

A passport is issued only after the Government has satisfied itself that the applicant is entitled to one, Rao said. “In everyday life, and in international travel, it is the strongest evidence of Indian nationality that most citizens will ever possess. Nothing said by the MEA changes that. No immigration officer abroad will suddenly regard an Indian passport with suspicion because of a legal clarification made in New Delhi,” she said.

Passport vs Citizenship

A passport is issued only after the Government has verified that the applicant is an Indian citizen while citizenship itself is governed by the Citizenship Act, she saud. The passport remains the Republic’s most trusted document for international travel and, in ordinary life, the clearest evidence of Indian nationality. That is both legally accurate and reassuring. The law need not be diluted, but neither should public confidence in one of the Republic’s most important documents," she said.

Distilling the argument further, Rao said a passport is issued because the Government has satisfied itself that you are an Indian citizen. It is therefore powerful evidence of citizenship in ordinary life and in international travel, she said.

“But in a legal dispute over citizenship itself, the governing law remains the Citizenship Act, and a passport is not conclusive proof that overrides all other evidence,” Rao summed up.