The Bombay High Court has ruled that Aadhaar card, PAN card, and voter ID are insufficient on their own to prove Indian citizenship, as these documents are primarily for identification or availing services. The judgment came while refusing bail to an alleged Bangladeshi immigrant, who was accused of misleading authorities to obtain these identity documents and other official records. The court emphasised that citizenship must be established in accordance with the provisions of the Citizenship Act, 1955, which serves as the governing law for recognising Indian nationality.
Highlighting the significance of the Citizenship Act in safeguarding India’s sovereignty, the court noted that merely holding official IDs does not determine whether the documents were acquired fraudulently or if the holder is of foreign origin. The person must fulfil the criteria laid out under Sections 3 to 6 of the Act or any other special provisions applicable to their case. Additionally, under Section 9 of the Foreigners Act, 1946, if doubts are raised about an individual’s citizenship, it becomes their legal obligation to present lawful proof to confirm their Indian nationality.
The High Court underlined that unless the person provides satisfactory evidence, the presumption under law will operate against them. It reiterated that the Citizenship Act specifies how citizenship can be acquired — by birth, descent, registration, naturalisation, or incorporation of territory — and also defines the circumstances under which it may be terminated. Enacted after the Constitution came into force, the Act ensures a single, unified framework for citizenship across the country, forming a vital safeguard against illegal immigration.