Senior Congress leader, Shashi Tharoor has called on the Union government to amend the law to make both passport and Aadhaar card conclusive proof of Indian citizenship. The former Union Minister argued that the current legal position has created confusion and an ‘absurd legal paradox.’
In a post on X on Friday, Tharoor weighed in on the controversy sparked by the Ministry of External Affairs‘ clarification on Passport Seva Divas that an Indian passport is primarily a travel document and not conclusive proof of citizenship.
Government emphasised, through sources, that a passport has never been considered proof of citizenship and that there has been no new policy regarding this document implemented by the Narendra Modi-led Union government in the past 12 years.
While acknowledging that the government’s position is rooted in Section 20 of the Passports Act, 1967, which permits passports to be issued to non-citizens in limited public-interest circumstances, Shashi Tharoor argued that the distinction holds little meaning for ordinary citizens.
“For decades, the passport has been considered the gold standard of identity,” Tharoor wrote, noting that applicants undergo extensive police verification and document scrutiny before a passport is issued.
Tharoor, the Lok Sabha Member of Parliament for Thiruvananthapuram in Kerala and serves as the Chairperson of the Parliamentary Standing Committee on External Affairs, was a Union Minister of State for External Affairs from 2009 to 2010.
“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?” Tharoor asked.
Section 20 of the Passports Act
Section 20 of the Passports Act says that “notwithstanding anything contained in the foregoing provisions relating to issue of a passport or travel document,” the Union Government may issue, or cause to be issued, a passport or travel document to a person who is not a citizen of lndia if that government is of the opinion that it is necessary so to do in the public interest.
Tharoor also referred to the Supreme Court’s ruling that Aadhaar serves only as proof of identity and residence, not citizenship. He said this leaves Indians in a situation in which they possess government-issued identity documents that are not legally recognised as conclusive proof of nationality.
To resolve the issue, the Congress leader proposed a legislative amendment making both passports and Aadhaar cards valid and conclusive proof of Indian citizenship, unless explicitly cancelled or withdrawn by the government.
Tharoor acknowledged that such a move would require addressing the fact that Aadhaar is issued on the basis of residence rather than nationality and is therefore held by both citizens and non-citizen residents.
As a solution, Tharoor suggested that the Unique Identification Authority of India introduce a visually distinct Aadhaar card for non-citizens residing in India, featuring a visible diagonal red stripe.
For decades, the passport has been considered the gold standard of identity.
According to him, such a distinction would enable the government to treat a standard Aadhaar card or a valid passport as sufficient proof of Indian citizenship, reducing bureaucratic hurdles, simplifying verification processes and providing greater legal certainty regarding citizenship status.
“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,” Tharoor said.
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