The issue surrounding Indian citizenship and passport regulations has gained traction following allegations made by Congress leader Pawan Khera against Assam Chief Minister Himanta Biswa Sarma and his wife, Riniki Bhuyan Sharma. Khera asserted that Sharma possesses multiple foreign passports, specifically from the United Arab Emirates, Antigua-Barbuda, and Egypt, with expiration dates ranging from 2027 to 2031. These claims were made during a press conference over the weekend.
In response, Chief Minister Sarma has dismissed the accusations as “Congress propaganda,” asserting that the documentation held by Khera is falsified. He further suggested that both he and his wife might pursue legal action against Khera, seeking severe penalties.
Questions regarding the legality of holding multiple passports in India inevitably arise from this controversy. According to the Passports Act of 1967, authorities have the power to confiscate passports in cases of “wrongful possession.” This implies that if an individual acquires an additional passport through improper channels, it may be revoked. Notably, Section 12 of the Act imposes penalties for fraud or misuse of passports, raising the stakes for anyone found to be unlawfully holding multiple passports.
Indian citizenship laws are quite clear on the matter of dual citizenship. As per Section 9 of the Citizenship Act, enacted in 1955, an individual automatically forfeits Indian citizenship upon voluntarily acquiring citizenship of another nation. The Constitution of India does not recognize the possibility of simultaneously holding Indian and foreign citizenship.
To bridge connections with the Indian diaspora, the Overseas Citizenship of India (OCI) scheme was introduced under Section 7A of the Citizenship Act. This arrangement allows individuals of Indian origin who have become foreign citizens to reside and work in India under a lifelong visa. However, it is important to note that OCI status does not equate to full citizenship and comes with limitations, including restrictions on political rights and certain activities such as research and missionary work.
The question of legality also extends to the notion of holding two passports within India. According to Rule 30 of the Citizenship Rules of 1956, possession of a foreign passport can be interpreted as evidence of having acquired foreign citizenship. This perspective was upheld by the Supreme Court in a notable 1995 case. Consequently, anyone holding a foreign passport is regarded as having lost their Indian citizenship, making it illegal for them to possess both an Indian and a foreign passport.
In recent years, the government has taken a strict stance on passport misuse. Last year alone, authorities identified over 1,300 instances of individuals possessing more than one Indian passport within a five-year period, categorizing them as security risks. In these cases, the government frequently cancels the passports and undertakes legal measures in line with the provisions of the Passports Act, 1967.
This ongoing debate reflects the complexities surrounding citizenship and the legal framework governing passport issuance in India, highlighting the importance of adherence to regulations to avoid potential legal repercussions.