There is currently a debate going on in the country whether passport is a proof of your citizenship or not, because according to the Ministry of External Affairs, passport is only a travel document and not a proof of citizenship. What does the law say on this? We talked to law expert advocate RK Kapoor on all these questions. He told that under the Passport Act 1967, passport is a travel document which is required while traveling abroad, without it your validity will not be valid for any country and you will have to take a passport. That is why it is only a travel document.
RK Kapoor said that now the question arises whether passport proves your citizenship or not. For that, we will have to look at the Citizenship Act 1955 to see the proof of any citizenship, because the Citizenship Act defines under which category you can become a citizen of India or not?
Like given in sections 3,4,5 and 6. Section 3 says if you are born in India between 26 January 1950 and 1 July 1987. Then you will be considered an Indian citizen. If you are born after July 2, 1987, then till the amendment in 2003, if your parents are Indians, then you will also be considered an Indian.
How can one become an Indian citizen?
Advocate RK Kapoor told that after the amendment of 2003, you can become an Indian citizen only if both or any one of you is an Indian and is not an illegal migrant and is born in India. The second provision is that you can become an Indian citizen by registering under Section 4 or Section 5. But the point is that despite having a passport, if you are not being considered an Indian citizen then why are you not being considered? For that, our Indian Citizen Act is a special act, its sections are valid on you. Which is the general act of Passport Act 1967.
Provision of Indian Citizenship Act is necessary
RK Kapoor told that for travel document, but if there is any difference between any two provisions, then there is a special act. That’s what Prevail does. Suppose it is written in 6 (2) a of the Passport Act that if you are not an Indian citizen then you can be refused a passport. Despite this, despite having a passport, you cannot say that I should be considered an Indian citizen. Your citizenship will be considered only if your documents are under the provisions of the Indian Citizenship Act, it will not be considered under the Passport Act.
Question- It is clearly written in Section 6 (2) a of the Passport Act 1967 that if someone is not an Indian citizen then a passport cannot be issued. Then why can’t he be considered a citizen? Legal expert RK Kapoor said that the question arises that even if you have taken a travel document for any reason, but you are not a citizen under the provisions of the Citizenship Act, then you cannot be considered a citizen on the basis of the travel document (passport). You will have to prove that you were actually born in India. Records of Municipal Corporation. Parents should be Indian citizens and should have birth certificate.
Can an Indian passport be issued to a foreigner also?
Advocate RK Kapoor said that it is written in the passport to be an Indian citizen but sometimes a travel document is also necessary because if someone has a criminal case going on and has to come to India, there may be a travel document issue for him. Sometimes temporary passports are also issued but it will not be proof that the person is an Indian citizen.
What are the documents that confirm Indian citizenship?
RK Kapoor said that you should have your own birth certificate. Because passport does not show that you were born in India. It tells that you live in India. You have a travel document. Birth certificate only shows that you were born in India. Then this category is seen that you were born between 26 January 1950 to July 1987. So it is not necessary for the parents to be Indians. But if you are born after that, it will be seen whether your parents are Indians or not. Or spouse.
Question raised during SIR issue in Supreme Court
RK Kapoor said that the same problem was faced in that the Citizenship Act is a special Act. Unless you are covered under that special act. So he will not be considered an Indian even under the Passport Act 1967.
Is the statement of the Ministry of External Affairs legally correct?
RK Kapoor said that the statement of the Ministry of External Affairs is legally correct. This statement is according to the Citizenship Act. Passport will be considered only as a travel document.
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