Can Non-Citizens Also Get an Indian Passport? Here's What the Law Says

A debate erupted on social media after the Ministry of External Affairs reiterated that a passport is primarily a travel document and not definitive proof of Indian citizenship. Following the controversy, the government clarified that this is not a new policy and has been part of Indian law for decades.

According to the Passports Act, 1967, the Central Government has the authority to issue passports or travel documents in specific circumstances to individuals who may not be Indian citizens. This provision is one of the reasons why possession of a passport alone is not treated as final proof of citizenship.

The government explained that citizenship in India is determined under the Citizenship Act, 1955, and related rules, not solely through the issuance of a passport. While a passport serves as an important identity and travel document, citizenship is established through legal provisions and supporting evidence prescribed under citizenship laws.

The issue gained attention after the Ministry of External Affairs, on Passport Seva Divas, stated that a passport should be viewed as a travel document rather than a definitive certificate of citizenship. The statement sparked political reactions and public debate.

Officials pointed out that Indian courts have repeatedly held that citizenship is determined under the Citizenship Act. They also referred to the 2013 Bombay High Court judgment, which clarified that citizenship status must be assessed under the legal framework governing citizenship rather than on the basis of a single document.

The government further cited earlier clarifications issued by official agencies, stating that proof of citizenship is evaluated through multiple documents and legal criteria prescribed under citizenship rules.

The discussion has triggered differing reactions from political leaders, legal experts and public figures, with some questioning what documents should be considered the strongest evidence of citizenship, while others have maintained that the legal position has remained unchanged for years.