The Ministry of External Affairs (MEA) recently clarified that the passport is only a travel document, not proof of citizenship, sparking debate amidst ongoing electoral roll revisions and recent Supreme Court rulings on citizenship. This topic is important for aspirants preparing for GS2 Polity and citizenship issues through civils coaching in Hyderabad.
Citizenship Debate in India
• Passport Clarification: The MEA stated that the passport is only a travel document, not proof of citizenship, raising doubts about valid evidence of belonging.
• Electoral Roll Revision: The Election Commission of India (ECI) is conducting Special Intensive Revision (SIR) in multiple States to verify voter eligibility, sparking concerns about exclusion and bureaucratic hurdles.
• Supreme Court Rulings: Between 2024–2026, the Supreme Court upheld the ECI’s limited power to scrutinize citizenship in cases related to the Assam Accord and Bihar SIR.
• Citizenship Amendment Act, 2019: Operational from 2024, the Act altered naturalisation rules along religious lines, intensifying debates on secularism, equality, and the meaning of belonging in India
Constitutional Foundations
• Articles 5–11: Defined citizenship at the time of Partition.
• Article 11: Gave Parliament power to legislate on citizenship; debates stressed secularism and equality.
• Rejected Proposal (P.S. Deshmukh): Citizenship based on religion was opposed by Nehru, Ambedkar, and Alladi Krishnaswami Ayyar.
• Principle of Jus Soli: Initially adopted (citizenship by birth/residence), later diluted through amendments.
Legislative Changes
• 1955 Citizenship Act: Based on jus soli.
• 1985 Assam Accord (Section 6A): Citizenship linked to dates of migration.
• 2003 Amendment: Denied citizenship to children born in India if one parent was an “illegal migrant.”
• 2019 Amendment: Religion introduced as a criterion for naturalisation.
Supreme Court’s Stand
• Sarbananda Sonowal Case (2005): Migration into Assam termed “external aggression.”
• October 2024 Judgment: Upheld Section 6A, gave Parliament wide powers under Article 11.
• May 2026 Judgment (ADR vs Union of India): Allowed ECI to verify citizenship for electoral rolls, but final decision rests with competent authority.
Challenges
• Burden of Proof: Shifted onto individuals; documents like Aadhaar, voter ID, and passport deemed insufficient.
• Assam NRC Experience: Citizens marked “doubtful,” trapped in bureaucratic tribunals.
• Risk: People left in limbo — neither confirmed citizens nor declared foreigners.
Personhood and Rights
• Articles 14 & 21: Guarantee equality and liberty to all persons.
• Article 19: Rights reserved for citizens (speech, trade, assembly).
• Voting Rights: Citizenship ensures participation in democracy.
• Philosophical Dimension: Hannah Arendt’s idea of “the right to have rights” highlights the danger of exclusion based on paperwork.
Conclusion
Citizenship in India must rest on constitutional values of equality and secularism, not the accident of documents, ensuring that every individual retains the “right to have rights.”
