Not Aadhaar, PAN Or Voter ID: So What Really Makes You An Indian Citizen?
New Delhi: Citizenship has become a topic of intense discussion after the Bombay High Court clarified that having an Aadhaar card, PAN card or voter ID does not automatically make someone an Indian citizen. These documents serve only as proof of identity, the court said.
This raises an important question: if PAN, voter ID or Aadhaar are not proof of citizenship, what officially establishes Indian nationality?
Legally, India does not mandate a single document to prove citizenship. The Constitution lays down specific conditions. Anyone meeting these conditions qualifies as an Indian citizen.
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Citizenship matters because it defines the legal bond between an individual and the nation. It grants rights and privileges. These include fundamental rights, voting rights, legal protections, employment rights and a sense of belonging.
Laws determine who qualifies as a citizen. The Constitution of India, in Articles 5 to 11, outlines the rules. On January 26, 1950, all individuals living in India qualified as citizens if they were born in India, had at least one parent born in India or had resided in India for the preceding five years.
Certain groups who migrated from Pakistan also qualifies. They include those whose parents or grandparents were born in undivided India, individuals who returned to India after moving to Pakistan and persons born abroad to Indian parents or grandparents.
The Citizenship Act of 1955 expanded these provisions. It defines the circumstances under which citizenship can be granted or revoked. Citizenship can be acquired through birth, descent, registration, naturalization or integration of new territories into India.
Birth-Based Citizenship
Section 3 grants citizenship to individuals born in India between January 26, 1950 and July 1, 1986 or those born later with at least one Indian parent. The Citizenship Amendment Act of 2003 further refined the rules, covering children born after its enactment.
Descent-Based Citizenship
Section 4 allows individuals born outside India to claim citizenship if one parent is an Indian citizen. Registration within a year of birth at an Indian mission is required for those born abroad after December 3, 2004.
Registration And Naturalisation
Foreign nationals meeting specific criteria can apply for citizenship under Section 5. They must renounce previous citizenship once approved. Section 6 allows long-term residents to apply through naturalisation, following a set procedure.
Citizenship Through New Territories
Section 7 covers cases where foreign territories become part of India. Legal procedures confirm citizenship, and an official government notification lists eligible residents.
Proof Of Citizenship
India does not issue a single, universal document as proof of citizenship. Birth certificates serve as evidence for individuals born in India, issued by local municipal or panchayat authorities. Applications can be made online or offline, and approved certificates record the place of birth, confirming eligibility for citizenship.
Those granted citizenship through registration or naturalisation receive a certificate signed by an Indian government official of under-secretary rank or higher. This certificate serves as official proof of Indian citizenship.
Documents such as passports, Aadhaar, PAN, voter ID or ration cards are not legal proof of citizenship. They serve as identity documents or residency proof and cannot confer citizenship. Lack of these documents does not strip a person of Indian nationality.
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