Debate surrounding Indian citizenship and passport issues has intensified following claims made by Congress leader Pawan Khera. He asserted that Riniki Bhuyan Sharma, the wife of Assam Chief Minister Himanta Biswa Sarma, possesses multiple foreign passports, including those from the United Arab Emirates, Antigua-Barbuda, and Egypt, with expiration dates ranging from 2027 to 2031.
In response, Sarma dismissed these allegations as “Congress propaganda,” asserting that the documents in question are fabricated. He announced intentions to pursue legal action against Khera, even suggesting a demand for “life imprisonment” for the Congress leader.
A key question arises regarding the legality of multi-passport ownership in India. According to the Passports Act of 1967, authorities can impound passports if ownership is deemed “wrongful.” The law also mandates the revocation of passports obtained through improper means. Section 12 specifically penalizes fraudulent acquisition, concealment, or misuse of passports. Misrepresentation in this context can lead to serious legal ramifications.
Considering dual citizenship, Indian law is clear. Under Section 9 of the Citizenship Act of 1955, an Indian citizen automatically forfeits their citizenship upon voluntarily acquiring citizenship of another nation. The Indian Constitution does not authorize holding both Indian and foreign citizenship concurrently.
There is, however, the Overseas Citizenship of India (OCI) scheme. Established under Section 7A of the Citizenship Act, the OCI allows individuals of Indian origin who have acquired foreign nationality to reside and work in India with lifelong visa rights. It is important to note that OCI status does not equate to full citizenship, lacking political rights such as voting and eligibility for public office. Additionally, holders of OCI cards face certain limitations, including needing special permission to engage in research, missionary work, or mountaineering activities.
Clarifying the legal landscape regarding passport ownership, Rule 30 of the Citizenship Rules, 1956, considers a foreign passport as evidence of having acquired foreign citizenship. This was reinforced by a Supreme Court ruling in the case of Dipali Katia Chadha vs. Union of India (1995), which concluded that possession of a foreign passport indicates the individual is no longer an Indian citizen.
Thus, it is illegal for an individual to possess both an Indian passport and a foreign passport simultaneously. This situation directly conflicts with India’s prohibition of dual citizenship. In fact, the government recently identified over 1,300 cases in the past five years of individuals holding multiple Indian passports, categorizing them as security risks. In such instances, authorities typically cancel these passports and commence legal proceedings under the Passports Act of 1967.