Soumyadip Mullick, MP, 19 Feb 2025 :
Kolkata: The recent question raised by Calcutta High Court, in connection with a case of alleged illegal immigrants, if having an Aadhaar card and Voter ID card is proof of citizenship, has once again sparked queries as to what documents then prove citizenship.It is often stated in several cases where persons are identified as illegal immigrants that they are citizens because they have Aadhaar and Voter ID cards.
Last year when notices were sent to several residents of Bengal that their Aadhaar number will be cancelled, the Chief Minister and Trinamool Congress chief Mamata Banerjee, besides writing to the Prime Minister Narendra Modi, had told the media that the BJP-led Centre was planning to set up detention camps. She said no National Register of Citizens (NRC) will be allowed in Bengal.
As to whether the Aadhaar is proof of citizenship, the question was answered by the Unique Identification Authority of India (UIDAI) in 2024. In an issued press release the Central government body had clarified that Aadhaar is not a citizenship document. “It has nothing to do with the citizenship issue as such.
Aadhaar is not a document of citizenship and UIDAI has been mandated under the Aadhaar Act to ascertain residency of a person in India for 182 days prior to applying for Aadhaar,” the statement read.
Additionally, the Gauhati High Court in a judgement where it had upheld a Foreigners Tribunal order declaring a person as a foreigner, had observed that the electoral photo identity card is not a proof of citizenship.
The court had held that merely producing an electoral photo identity card without any supporting evidence would not be proof of citizenship.
The HC had placed its reliance on a 2018 Supreme Court judgement in Md Babul Islam vs State of Assam.
The Patna High Court too in 2020 had held that mere possession of a Pan Card; a Voter ID Card; or an Aadhar Card cannot be said to be proof of Indian citizenship.
On the contrary, a trial court in Mumbai had acquitted two persons of charges under Foreigners Act 1946 by holding an electoral ID card to be sufficient proof of citizenship.
Experts said there is no clear government decision on acceptable documents for citizenship.
A press release issued by the Central government earlier to clarify queries relating to NRC had stated there are five ways for any person to become citizen of India: Citizenship by birth, descent, registration, naturalisation and incorporation.
“Citizenship can be proved by submitting any documents related to date of birth and place of birth. However, a decision is yet to be taken on such acceptable documents..,” the statement had read.
