The Ministry of External Affairs sparked confusion and outrage on Wednesday after confirming that the Indian passport was not considered proof of citizenship. The clarification has sparked furious backlash from Opposition leaders and critics, with many demanding an immediate clarification. The administration reiterated its stance on Thursday morning — citing Section 20 of the Passports Act to note that passports had never been a citizenship document.

“It was not decided yesterday that the passport is not a proof of citizenship. It was not even decided in the last 12 years. The passport has never been a proof of citizenship,” government sources told PTI.

According to the 1967 law, an Indian passport can be issued to a non-citizen under extenuating circumstances.

“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 relevant section explains.

Opposition fumes

“A passport is a travel document, and not a document of citizenship. Which document then is proof of citizenship? BLO can doubt my citizenship. Deprive me of my vote. Result: BJP wins the election. Over to the Supreme Court!” fumed Rajya Sabha MP Minister Kapil Sibal.

“The ministry of external affairs says that a passport is a document of travel, not proof of citizenship. Really??? So are they providing this travel document to some people without being totally convinced that this person is an Indian citizen?? It is absurd,” added popular screenwriter and lyricist Javed Akhtar.

What has the government said?

The BJP government doubled down on Thursday — noting that a passport has never been considered proof of citizenship. Officials also added that no such decision was taken either recently or in the last 12 years. The clarification referenced Section 20 of the Passports Act, which provides for the issuance of passports to non-citizens.

“The MEA has not announced a new policy. It has merely reiterated a settled legal position. Indian courts have repeatedly held that a passport is not conclusive proof of citizenship. The Bombay High Court made this clear in 2013 and reaffirmed the principle subsequently: citizenship is determined under the Citizenship Act, 1955, based on eligibility and supporting evidence, not by the mere possession of a single document,” added BJP Leader Amit Malviya.