Passport Is Not Proof Of Citizenship: A Critical Legal Analysis Of India's Passport Regime
- IJLLR Journal
- 2 hours ago
- 1 min read
Anil Kumar, B.Sc., LL.M. (HRDE), Faculty of Law, Banaras Hindu University (BHU), Varanasi, Uttar Pradesh, India
ABSTRACT
The possession of an Indian passport is often misunderstood as conclusive proof of Indian citizenship. However, under Indian law, a passport is primarily a travel document issued under the Passports Act, 1967, whereas citizenship is determined by the Constitution of India and the Citizenship Act, 1955. A passport serves as evidence of identity and nationality for international travel but does not independently establish citizenship. It may be cancelled if obtained through fraud, misrepresentation, or administrative error. Indian courts have consistently held that citizenship must be determined according to statutory provisions rather than the mere possession of a passport. This article examines the legal distinction between passports and citizenship, analyses the relevant constitutional and statutory framework, discusses important judicial decisions, and suggests reforms to improve India's passport regime while protecting constitutional rights.
