PSIR Simplified

The answer is party yes but hugely no. Partly yes because the certification of citizenship issued by the Government of India (Ministry of Home Affairs) to those persons who acquire Indian citizenship though the route of Registration’ or Naturalization under the citizenship act, 1955. But people under this category are very few in India.

But for the majority of people born and raised in India, the answer is hugely No, as there is no conclusive proof of Indian citizenship for them. For ordinary Indian citizens born in India, the situation is more complex than it appears from the first sight. The situation has been further compounded by various announcements and orders by the Indian authorities.

1. This situation is created by the Ministry of External Affairs, Government of India by issuing a statement in July, 2026  that the Passport, issued under the passport Act, 1967 is travel document and is not a proof of Indian citizenship. In nutshell, the passport is not a conclusive proof of citizenship.
2. Earlier , the Supreme Court of India in a separate judgment on 27 May 2026 the Court further held that the Election Commission is empowered to undertake a limited inquiry into citizenship for the purpose of determining eligibility for inclusion in the electoral roll. Later the Supreme Court added that exclusion of name in voter list is not a proof a citizenship, but it felt shy of stating that the inclusion of name is the voter list the proof of the Indian citizenship. This mean that the name in voter list or Voter Identity Card is also not a conclusive proof of Indian citizenship. This was in reference to the Election Commission’s ongoing Special Intensified Revision (SIR) of voter list in various parts of the country.

Neti-Neti (not this, not that) Syndrome

The issue of conclusive proof of India for ordinary persons born in India has become subject to Neti-Neti (not this, not that) syndrome. The idea of Neti Neti (not this, not that) is found in the ancient Indian Vedic text Brihadaranyaka Upanishad (बृहदारण्यकोपनिषद्) to explain the nature of Supreme God- Brahma. In this text, if any inquisitive person asks what is Brahma- the answer come neti-neti- or neither this nor that. Ultimately, the person coms to know more about what the Brahma is not, rather than what Brahma is. This was justified to explain the unexplainable attributes of Brahma.

It appears, the authorities in India have seriously followed neti-neti idea, while describing the conclusive proof of Indian citizenship. In the process, Indians have come to know what is not the conclusive proof of Citizenship, rather than knowing what is the conclusive proof of citizenship. Neti- Neti may be appropriate to describe the nature of Brahma, but it is not justified in government actions and position on the vital legal issue affecting the Indian citizens. On the face of the ongoing SIR, the Indian authorities fear or doubt if the passport/ voter ID is issued without verification and it may be used for making claim for Indian citizenship. It shows that the government is not sure about the certificates issued by them. Should this lack of confidence affect the majority of the Indian Citizens?  

Also, in the case of passport, it may lead to even the questioning by Foreign governments about the citizenship status of Indian passport holders when they visit or live in foreign countries. Government Authorities

What is the Reality?

1. About Passport

This is true that under section 20 of the Passport Act, the passport or travel document  can be issued to certain Non-Citizens (Like Tibetans living in India).  Section 20 says the the Government can issue a passport or travel document to a person who is not a citizen of lndia if that Government is of the opinion that it is necessary so to do in the public interest. But The government knows that which non-citizens are issued passport or travel document and it is also mentioned in those documents. But what about passport issued to Indian citizens?

In fact, the government’s position that passport is not legally sustainable.

First, the Preamble of the Passport Act, 1967 says:

 ‘An Act to provide for the issue of passports and travel documents, to regulate the departure from India of citizens of India and for other persons and for matters incidental or ancillary thereto’. Thus, Passport is issued to regulate to regulate the travel of Indian citizens. If it is issued as travel document to non-citizens, it can be done in rare cases in public interests and the same is mentioned  those rare travel documents.

Second, the section 4 of the Passport  Act makes distinction between the ‘Passport ‘ and the ‘Travel Document’. Both are not same. The passport has three categories- Ordinary Passport – issued to ordinary Indian citizens; Official Passport, issued to Government Officials; and Diplomatic Passport, issued to officials posted in Indian embassies/ Consulates.

On the other hand, the section 4 list three kinds of travel documents under which non-Citizens are covered. Section 4b of the Passport Act states-

“The following classes of travel documents may be issued under this Act, namely: – (a) emergency certificate authorizing a person to enter India; (b) certificate of identity for the purpose of establishing the identity of person; (c) such other citizens.

Thus, the Indian Passport holders are Indian Citizen and the Passport is the proof of Citizenship if it does not specify you otherwise.

• About Voter List

The Voter List is also the proof of the citizenship as under Article 326 of the Constitution, the right to vote has two qualifications:

1. The Person shall be citizens of India
2. He/she should be 18 years of age.

If a Voter ID is issued to non-citizen by or mistake or fraud that can be verified  and cancelled. But on the possibility of some fake Voter ID, it is not logical to state that Voter ID is not a proof of citizenship, because only citizens have right to vote.

If any dispute about citizenship arises, it should be investigated under the Citizenship Act. But before that both the Passport and Voter ID should be treated as conclusive proof of citizenship until they are found to be obtained by fraud or issued by mistake. Neti Neti syndrome in official acts creates more confusion than resolving them. Another alternative is to prepare the National Register of Citizens (NRC) and issue Citizenship ID for all citizens as provided under section 14A of the Citizenship Act, 1955. So far NRC has been issued only for the state of Assam. Until NRC is issued, the voter ID and Passport should be treated as exclusive proof of citizenship unless otehrwise proved.