On Tuesday, the Bombay High Court stated that just having documents such as an Aadhaar card, PAN card, or voter ID doesn’t automatically make someone a citizen of India.

This comment came from the top court while denying bail to a man accused of illegally entering India from Bangladesh.

A bench led by Justice Amit Borkar stated that the Citizenship Act outlines the criteria for who can be a citizen of India and the process for obtaining citizenship.

The court denied bail to Babu Abdul Ruf Sardar, who is suspected of being a Bangladeshi national that entered India unlawfully without proper passport or travel documents. He is accused of obtaining fake Indian documents, including an Aadhaar card, PAN card, voter ID, and an Indian passport.

The bench denied bail to Sardar, pointing out that his document verification was still in progress and the investigation was ongoing.

Justice Borkar noted that the Citizenship Act was enacted by Parliament in 1955, establishing a permanent and comprehensive framework for acquiring citizenship.

Here’s list of the documents that the Indian government recognizes as valid proof of citizenship

  • The Ministry of External Affairs provides passports, which are crucial travel documents for Indians. They act as verification of Indian citizenship and identity when traveling overseas. Additionally, they facilitate international travel by serving as a necessary document for visas granted by various countries.
  • This certificate is granted by the District Officer or the State Government in special situations. It can also be issued by the court or the district magistrate, and occasionally by the Home Ministry. In India, nationality certificates are only provided in specific and limited circumstances.
  • A nationality certificate might be necessary when someone needs to demonstrate their citizenship for a government job, for admission to an educational institution under a special quota, or during legal proceedings, especially if they don’t have other valid proof like a passport or naturalization certificate. It’s also required to confirm citizenship for those born in India to foreign parents.
  • When applying, you’ll need to submit documents like a birth certificate, proof of your parents’ citizenship (like a passport or voter ID), a school certificate, and proof of residence (such as a ration card, Aadhaar, or voter ID).
  • Naturalisation certificate – A person can gain citizenship through naturalisation if they have been a resident of India for 12 years (including the 12 months leading up to the application date and a total of 11 years) and meets all the qualifications listed in the third schedule of the Citizenship Act.
  • Birth certificate – A birth certificate is issued by the authorities when a child is born. It details the place of birth and confirms whether the parents are Indian citizens and meet the conditions of the Citizenship Act. This is done under the Registration of Births and Deaths Act, 1969.

What cannot be considered as citizenship proof?

The Aadhaar card is only valid as identity and residence proof, while the voter ID card grants the right to vote but does not verify citizenship. On the other hand, a driving licence only certifies the right to drive.

“Simply possessing documents like an Aadhaar card, PAN card, or voter ID does not automatically make someone a citizen of India. These documents are intended for identification or accessing services, but they do not replace the fundamental legal requirements for citizenship as outlined in the Citizenship Act”,High court stated.

DISCLAIMER: This article is derived from information available in the public domain.

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