Issued Only To Citizens, But Not Proof Of Citizenship: The Passport Contradiction Explained

Last Updated:June 25, 2026, 13:34 IST

Indian citizenship is usually required for a passport, but the document itself does not confer or finally decide that status.

A clarification by the Ministry of External Affairs on Passport Seva Divas has triggered a heated debate after the government said that an Indian passport is not, by itself, conclusive proof of citizenship.

The statement appeared contradictory to many. Indian passports are, after all, ordinarily issued only to Indian citizens. Applicants must submit supporting documents, undergo scrutiny and, depending on the case, complete police verification before receiving one.

The clarification soon snowballed into a wider discussion on X over what exactly proves Indian citizenship if passports, Aadhaar cards and voter identity cards are not considered conclusive.

Behind the jokes and memes was a genuine question: if an Indian passport is ordinarily issued only to Indian citizens, why does the government say that the same passport is not conclusive proof of citizenship?

The answer lies in the different roles of the Passports Act, 1967, and the Citizenship Act, 1955.

The Passports Act governs the issuance of passports as travel documents and ordinarily requires an applicant to be an Indian citizen. The Citizenship Act, however, determines who is an Indian citizen and how citizenship is acquired or lost.

In other words, citizenship is ordinarily a condition for obtaining a passport, but the passport is not the legal source of that citizenship. It is issued because the applicant is recognised as a citizen under the law; it does not itself confer or finally determine that status.

What Does The Passports Act Cover?

The Passports Act governs the issue and use of passports and other travel documents, including the rules for leaving India.

Section 3 says that no person may depart from, or attempt to depart from, India without a valid passport or travel document.

The Act deals with the classes of passports and travel documents, the application process, grounds for refusal, validity, conditions, endorsements and the circumstances in which a document may be impounded or revoked.

It also says that every passport or travel document issued under the Act remains the property of the Central Government.

The law is therefore concerned with the issuance and regulation of travel documents. It does not set out the legal conditions under which a person becomes an Indian citizen.

Are Indian Passports Issued Only To Citizens?

Under the ordinary procedure, yes.

Section 6(2)(a) of the Passports Act says the passport authority shall refuse to issue a passport or travel document if the applicant is not a citizen of India.

Section 12 also makes it an offence for a person who is not an Indian citizen to apply for or obtain a passport by suppressing information about their nationality.

Can A Passport Be Issued To A Non-Citizen?

The Passports Act contains an exception to the ordinary rule.

Section 20 says that, notwithstanding the preceding provisions relating to issuance, the Central Government may issue, or cause to be issued, a passport or travel document to a person who is not an Indian citizen if it considers this necessary in the public interest.

This means the statement that Indian passports are issued only to Indian citizens is generally, but not absolutely, correct.

Under the ordinary application process, non-citizenship is a ground for refusal. But Section 20 gives the Central Government exceptional power to issue either a passport or a travel document to a non-citizen.

What Types Of Passports Does The Law Recognise?

Section 4 of the Passports Act recognises three classes of passports:

• ordinary passports;
• official passports; and
• diplomatic passports.

It separately recognises travel documents such as an emergency certificate authorising a person to enter India, a certificate of identity and any other prescribed certificate or document.

What Does The Citizenship Act Decide?

The Citizenship Act, 1955, governs the acquisition and loss of Indian citizenship. It provides for citizenship by birth, descent, registration, naturalisation and incorporation of territory into India.

The applicable requirements depend on how citizenship is claimed. In cases involving citizenship by birth or descent, the date of birth and the citizenship or immigration status of the parents may also be relevant.

The Act also provides for renunciation, termination and deprivation of citizenship.

What Have Courts Said?

In August 2025, the Bombay High Court rejected the bail plea of a Thane resident whom police alleged was a Bangladeshi national. According to a Times of India report, he relied on Aadhaar, PAN, voter ID and a passport to claim Indian citizenship.

The court said his citizenship claim had to be examined under the Citizenship Act despite the documents he had produced.

What About Aadhaar And Voter ID?

Aadhaar is based on residence rather than citizenship and may be issued to eligible non-citizens, including certain foreign nationals residing in India.

A voter identity card has a closer link with citizenship because only Indian citizens may lawfully be registered as voters. But if citizenship or electoral registration is formally challenged, the card alone may not settle the issue.

The documents perform different functions:

• Aadhaar establishes identity under the Aadhaar framework.
• A voter ID is connected to registration on the electoral roll.
• A passport is issued for international travel under the Passports Act.

None of these frameworks replaces the Citizenship Act as the law governing Indian citizenship.

What, Then, Proves Indian Citizenship?

There is no single citizenship document held by every Indian.

The documents required depend on how citizenship was acquired and which provision of the Citizenship Act applies.

For citizenship by birth, records showing the date and place of birth may be relevant. Depending on when the person was born, documents concerning one or both parents may also be required.

For citizenship by descent, records concerning birth outside India and the citizenship of the parents may be examined.

Those who acquire citizenship through registration or naturalisation may have certificates or government orders directly recording the grant of citizenship.

About the Author

Karishma Jain

Karishma Jain, Chief Sub Editor at News18.com, writes and edits opinion pieces on a variety of subjects, including Indian politics and policy, culture and the arts, technology and social change. Follo...Read More

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