OPINION
The Tharoor Thread

For The Great Passport Debate, A 'Common-Sense' Cure - By Shashi Tharoor

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Shashi Tharoor
  • Opinion,
  • Updated:
    Jun 27, 2026 14:52 pm IST

On a warm afternoon in late June 2026, during an otherwise standard briefing marking India's 14th Passport Seva Divas, a seemingly routine bureaucratic clarification ignited a national firestorm. A senior official from the Ministry of External Affairs (MEA) casually remarked that an Indian passport is "primarily a travel document" and should not be construed as definitive, standalone proof of citizenship.

The public reaction was immediate, visceral, and laced with utter bewilderment. Within hours, social media platforms erupted. Renowned screenwriter Javed Akhtar took to the internet to express the collective exasperation of millions, calling the statement flatly "absurd". His logic was simple and unassailable: are authorities really issuing these highly secure documents to people without being completely convinced that they are Indian citizens? Meanwhile, political leaders like Kapil Sibal and Asaduddin Owaisi quickly pointed out the terrifying practical fallout - warning that if the country's most vetted identity document cannot establish citizenship, ordinary Indians could face arbitrary challenges to their voting rights during routine electoral roll revisions.

The government quickly moved to defuse the panic, explaining that this wasn't a sudden policy shift but rather a long-standing legal reality. Officials pointed to Section 20 of the Passports Act of 1967, which gives the central government the rare power to issue a passport or travel document to a non-citizen if deemed necessary in the "public interest". They also cited a 2013 Bombay High Court precedent confirming that a passport does not automatically create or prove citizenship in a legal dispute.

The Reality On The Ground

Yet, for the average citizen, this defence feels like a classic case of legal hair-splitting - a distinction, quite frankly, without a real-world difference. To tell an individual who has survived the gruelling gauntlet of police verifications, birth certificate searches, and biometric logging that their navy-blue booklet is merely a "ticket to board a plane" and not proof of their nationality is to plunge them directly into a bureaucratic twilight zone.

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To understand why this controversy feels so fatuous, one only needs to look at what it actually takes to get a passport in India. The application process is essentially an exhaustive citizenship audit conducted by the state. You must produce a birth certificate, address verification, and often ancestral records, depending on your year of birth. Following that, local police officers physically visit your home, interview neighbours, and cross-reference criminal databases to verify your identity and confirm your undivided allegiance to the Republic.

The state acts as a rigorous gatekeeper. If the state is not fully satisfied of an applicant's citizenship, the passport is denied. Therefore, declaring that the resulting document is not "conclusive proof" of citizenship creates a bizarre legal paradox: the government demands absolute proof of citizenship to issue the document, but refuses to accept the document as absolute proof that the citizen has citizenship.

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The Case Of The Aadhar

This paradox becomes genuinely alarming when you realise that India lacks a single, universally held document that legally confirms nationality. Under the Citizenship Act of 1955, citizenship is a legal status derived from facts such as birth, descent, or naturalisation, not from a piece of paper. But since those facts must be proven using documents, citizens are left chasing an ever-shifting goalpost of acceptable documentation.

The issue is heavily compounded by the limitations of India's other ubiquitous identity credential: the Aadhaar card. With over 1.3 billion cards issued, Aadhaar is the undisputed foundation of daily life in India, used for everything from opening bank accounts to receiving food subsidies. However, its legal status is strictly bound. The Supreme Court has repeatedly clarified - most recently when it declined requests to mandate Aadhaar for intensive voter roll revisions in Bihar - that Aadhaar is exclusively a proof of identity and local residence, not citizenship.

Because the legal requirement for an Aadhaar card is simply residing in India for 182 days or more in the preceding year, millions of legal foreign residents, migrant workers, and expatriates legitimately hold one. As a result, the average Indian is caught in an administrative limbo: their Aadhaar card only proves where they live, and their passport only proves they are allowed to travel. As for citizenship, they are left legally exposed, with no single, unquestioned shield to verify their status as a son or daughter of the soil.

A Manufactured Crisis, But With A Simple Solution

We can easily resolve this manufactured crisis. To end this circular debate once and for all, the government must undertake a pragmatic legislative update that aligns the law with the ground reality of its citizens. The solution lies in elevating both the passport and the Aadhaar card into valid, conclusive proofs of Indian citizenship, unless explicitly cancelled, revoked, or withdrawn by a competent authority.

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To make this system work without compromising national security or legal clarity, we must fix the fundamental flaw of the current Aadhaar architecture: the fact that it blends citizens and non-citizens into an identical visual template. The solution lies in the Unique Identification Authority of India (UIDAI) introducing a "two-tone" Aadhaar system, with a distinct visual variation for non-citizens. While standard citizens receive the familiar Aadhaar card, non-citizen residents should be issued a card featuring a bright, unmistakable diagonal stripe across the front. This simple design shift would preserve the core administrative utility of the system - allowing foreign residents to easily access banking, lease property, and pay taxes - while instantly stripping away any ambiguity regarding their nationality. Once this visual distinction is in place, the state can safely pass a universal mandate: every Indian national must carry either a valid citizen's Aadhaar card or a valid Indian passport at all times.

By upgrading the legal status of these two documents, the government would instantly dismantle the layers of anxiety currently fuelling the political opposition. A citizen presenting their passport or standard Aadhaar at a polling station, a land registry office, or a government border checkpoint would no longer be subject to the whims of a local bureaucrat demanding ancestral land deeds from 1971. The document itself becomes the final word.

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Honour Logic

The fierce debate sparked by the MEA's Passport Seva Divas announcement highlights a growing disconnect between legal theory and the practical realities of governance. While legal purists can technically hide behind the text of the 1967 Passports Act, a state cannot successfully govern by telling its population that its most heavily vetted security documents are essentially meaningless inside its own borders.

Amending the legal framework to recognise the passport and a revised, citizen-specific Aadhaar card as definitive proof of nationality is the logical way forward. It honours the immense effort citizens put into obtaining these documents, protects the rights of legitimate foreign residents, and provides the state with a foolproof mechanism for domestic security. It is time to step out of the bureaucratic twilight zone, cut this Gordian knot, and give Indians the citizenship document certainty they absolutely deserve.

(Shashi Tharoor has been a Member of Parliament from Thiruvananthapuram, Kerala, since 2009. He is a renowned author and a former diplomat)

Disclaimer: These are the personal opinions of the author

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