Anand Teltumbde: India’s citizenship riddle demands documents that prove nothing

On June 24, the Ministry of External Affairs made a statement at a press briefing marking Passport Seva Divas that, had it not been almost immediately drowned in the noise of the Iran war, would have generated the political firestorm it deserved. “A passport is a travel document and not a document of citizenship,” a ministry official said.

The reaction from the Opposition was immediate. Rajya Sabha MP Kapil Sibal posted on X: “Which document then is proof of citizenship? BLO can doubt my citizenship. Deprive me of my vote. Result: BJP wins the election.” The government responded that the Ministry of External Affairs had not introduced any new rule but had merely restated a long-settled legal position. Both sides were, in their own fashion, correct and that is what makes the situation so alarming.

India does not have a document that conclusively proves citizenship. Not a passport. Not Aadhaar, which the Supreme Court has repeatedly ruled establishes only identity and residence. Not a voter ID card, which courts have held is an administrative tool for electoral participation. Not a ration card nor a PAN card.

In March 2020, Nityanand Rai, who was then minister of state for home affairs, in response to a question in...

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