Recent claims regarding the citizenship status of the wife of Assam Chief Minister Himanta Biswa Sarma have sparked a debate about the legality of holding multiple passports in India. Congress leader Pawan Khera alleged that Riniki Bhuyan Sharma possesses passports from the United Arab Emirates, Antigua and Barbuda, and Egypt, which are set to expire between 2027 and 2031.
In response to these allegations, Sarma has dismissed them as “Congress propaganda” and accused Khera of fabricating documents. He has indicated that legal action may be pursued against the Congress leader, suggesting they would seek severe penalties, including “life imprisonment.”
The question of whether an Indian national can hold multiple passports is particularly relevant in this context. According to the Passports Act of 1967, authorities have the right to impound passports if they determine that someone is in “wrongful possession.” This means that acquiring another passport through improper means can lead to document revocation or legal consequences.
Under Indian law, holding multiple passports is fraught with risks. Section 12 of the Passports Act penalizes fraudulent actions related to passports, including concealment and misuse. Misrepresentation in obtaining a passport can invoke legal action against the individual involved.
Moreover, India’s stance on dual citizenship is established in the Citizenship Act of 1955. Section 9 specifies that Indian citizens will automatically lose their citizenship upon voluntarily acquiring citizenship of another country. The Constitution explicitly forbids the simultaneous holding of Indian and foreign citizenship.
The Overseas Citizenship of India (OCI) scheme, established under Section 7A of the Citizenship Act, offers a different option. It allows individuals of Indian origin with foreign citizenship to live and work in India with a lifelong visa. However, this status does not equate to full citizenship and does not provide certain political rights, such as voting or public office eligibility. OCI cardholders face specific restrictions, including permission requirements for activities like research or missionary work.
Regarding the legality of holding two passports, Indian law clarifies this distinction. As stated in Rule 30 of the Citizenship Rules of 1956, possession of a foreign passport is interpreted as proof of acquiring foreign citizenship. The Supreme Court, in the 1995 case of Dipali Katia Chadha vs. Union of India, reinforced this stance, declaring that once an individual holds a foreign passport, they are no longer considered an Indian citizen.
Consequently, an individual cannot legally possess both an Indian and a foreign passport. Such a situation would violate India’s prohibition on dual citizenship. In recent years, the government has identified over 1,300 instances where individuals were found to be holding multiple Indian passports, posing potential security risks. Authorities typically cancel these documents and initiate legal proceedings under the Passports Act when irregularities are detected.