- He highlighted rigorous vetting and Aadhaar’s non-citizenship status.
Congress MP Shashi Tharoor on Friday criticised the Centre’s clarification that a passport is not conclusive proof of Indian citizenship, describing the position as an “absurd legal paradox” and urging changes to the law to end what he called a “fatuous” controversy.
His remarks came a day after the government reiterated that an Indian passport has never been treated as proof of citizenship and that no policy change had been made in recent years. The clarification followed a debate triggered by comments made by the Ministry of External Affairs on Passport Seva Divas.
Tharoor Questions Practical Logic
In a detailed post on X, Tharoor said the government’s clarification had led to “public bewilderment and political sparring”.
While acknowledging that the Centre’s position is based on provisions of the Passports Act, 1967, he argued that the distinction was difficult to justify in practice.
Tharoor noted that Indian passports are issued only after extensive verification and scrutiny of documents.
“To turn around and declare that the very document born from this rigorous vetting does not actually prove citizenship creates an absurd legal paradox. If a passport does not establish domestic citizenship, then what does?” he asked.
Raises Concerns Over Aadhaar And Citizenship
The Congress leader also referred to the legal position on Aadhaar, noting that the Supreme Court has held it serves as proof of identity and residence, but not citizenship.
“This leaves millions of Indians in a bizarre administrative limbo where they possess world-class biometric and state-issued documents, yet none are legally deemed ‘conclusive’ proof of their nationality within their own borders,” he said.
Suggests Legislative Changes
To resolve the issue, Tharoor proposed amendments to the legal framework so that both passports and Aadhaar cards could serve as conclusive proof of citizenship unless cancelled or withdrawn by the government.
He also suggested that the Unique Identification Authority of India issue a visually distinct Aadhaar card for non-citizen residents.
According to Tharoor, such a distinction would allow the government to treat a standard Aadhaar card or a valid Indian passport as sufficient proof of citizenship.
“By clearly demarcating the two categories, the state can safely mandate that carrying either a standard citizen’s Aadhaar or a valid passport is compulsory and sufficient proof of citizenship for all Indian nationals at all times,” the Thiruvananthapuram MP wrote.
“This dual-document policy would immediately streamline domestic verification, eliminate arbitrary bureaucratic challenges during electoral revisions, and provide every Indian with absolute, unquestionable legal certainty regarding their identity. End of story!” he added.
What The Government Said
The controversy began after Ministry of External Affairs officials said earlier this week that an Indian passport is primarily a travel document and should not be treated as definitive proof of citizenship.
The government later clarified that this has always been the legal position and that no new decision had been taken in the past 12 years.
It also referred to a 2013 Bombay High Court ruling, which held that possession of a passport alone does not establish citizenship.
Officials further cited Section 20 of the Passports Act, 1967, which empowers the Centre to issue a passport or travel document to a non-citizen if it considers doing so necessary in the public interest.
