Context: Recently, the Bombay High Court ruled that owning an Aadhaar card, PAN card, voter ID, or even a passport are not proof of Indian Citizenship, which is determined solely under the Citizenship Act, 1955.
Relevance of the Topic: Prelims: Key facts about Indian Citizenship & Citizenship Act, 1955.
The Bombay High Court ruled that:
- Documents like Aadhaar, PAN, Voter ID and Passport are not conclusive proof of citizenship. These documents are meant for identification or availing services, but they do not override the basic legal requirements of citizenship as prescribed in the Citizenship Act, 1955.
Indian Citizenship is determined by the Citizenship Act, 1955
Citizenship can be acquired only via the five modes under the Citizenship Act, 1955.
- By birth: If a person is born in the territory of India, he shall be a citizen of India.
- By descent: A person born outside India to Indian citizen parents can acquire citizenship by descent.
- By registration: Certain individuals (like those married to Indian citizens or persons of Indian origin residing in India) can apply for citizenship through registration.
- By naturalisation: Citizenship is acquired by making an application to the central government.
- By incorporation of territory: If any territory or state becomes part of India, then the central government shall declare it as part of the Union of India.
Electoral processes (E.g., Bihar’s Special Intensive Revision of rolls) may accept documents like birth certificates for voter registration, but this does not automatically confer citizenship.
Burden of Proof Is on the Individual
- Under the Foreigners Act 1946, if the state presents credible evidence that raises doubt about a person’s citizenship, it is the individual’s responsibility to prove they are Indian.
- The Laws Involved:
- Citizenship Act, 1955: Defines how citizenship is acquired and the documents needed to prove it.
- Foreigners Act, 1946: Places the burden of proof on the person suspected of being a foreign national.
- Representation of the People Act: Governs voter ID issuance, which is not linked to a citizenship verification process as rigorous as the Citizenship Act.
Why is Aadhaar and Voter ID not Enough?
- Aadhaar is only proof of identity and residence, but not nationality.
- PAN cards are for tax purposes, even foreign nationals can obtain one.
- Voter ID is linked to electoral rolls; errors or fraudulent enrolment can occur.
- Passport requires some citizenship verification but can be obtained fraudulently.
Hence, these documents are valid for day-to-day identification but are not decisive proof of nationality in a court of law.