'Aadhaar, voter ID not enough': Which documents make one an Indian citizen?

In 1955, Parliament passed the Citizenship Act which created a permanent and complete system for acquiring citizenship

The Bombay High Court on Tuesday said a person does not become a citizen of India merely by possessing documents like an Aadhaar card, PAN card, or a voter ID.

The top court made this observation while refusing bail to an alleged Bangladeshi man for entering India illegally.

A bench of Justice Amit Borkar said provisions of the Citizenship Act lay down who can be a citizen of India and how citizenship can be acquired. The court refused bail to Babu Abdul Ruf Sardar, alleged to be a Bangladeshi national, who entered India illegally without a valid passport or travel documents. He allegedly procured forged Indian documents such as Aadhaar card, PAN card, voter ID and an Indian passport.

According to Justice Borkar, Parliament in 1955 passed the Citizenship Act which created a permanent and complete system for acquiring citizenship.

Here's a list of documents considered to be a valid proof of citizenship by the government of India.

Indian Passport

The Ministry of External Affairs issues passports as an essential travel document to Indians. It serves as proof of Indian citizenship and identity while travelling abroad. It also makes international travel possible by serving as a supporting document for visas issued by different countries.

Nationality certificate

This certificate is issued by the District Officer or State Government in special cases. It may be issued by the court or the district magistrate, and sometimes by the Home Ministry. In India, nationality certificates are issued only in limited and specific cases.

A nationality certificate may be required when a person needs to prove citizenship for admission to a government job, an educational institution under a special quota, or during a legal process, and lacks other valid proof like a passport or naturalization certificate. It is also needed to establish citizenship for individuals born in India to foreign parents.

Documents required along with the application form include birth certificate, parents’ citizenship proof (passport or voter ID), school certificate and residence proof (ration card, Aadhaar, or voter ID).

Naturalisation certifcate

A person can acquire citizenship by naturalisation if he/she is resident of India for 12 years (throughout 12 months preceding the date of application and 11 years in the aggregate) and fulfils all qualifications in the third schedule of the Citizenship Act.

Birth certificate

A birth certificate is issued by the authorities once a child is born. It lists down the place of birth and if the parents are Indian citizens and meet the conditions of the Citizenship Act. It is issued under the Registration of Births and Deaths Act, 1969.

What cannot be considered as citizenship proof?

Aadhaar card serves only as identity and residence proof while the voter ID card provides the right to vote but does not confirm citizenship. Meanwhile, driving licence merely certifies the right to drive. "Merely having documents such as Aadhaar card, PAN card or voter ID does not, by itself, make someone a citizen of India. 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," the HC said.

The bench, while refusing bail to Sardar, noted that verification of his documents was still on and the investigation was also still continuing.