The Bombay High Court has recently clarified that merely possessing documents like an Aadhaar card, PAN card, or Voter ID does not automatically establish Indian citizenship. The court’s ruling underscores that these documents are primarily for identification and accessing services, but do not fulfill the essential legal criteria for citizenship under Indian law.
The ruling came after a petition was filed by a Thane resident who possessed an Aadhaar card, PAN card, passport, and Voter ID, with links to various financial and utility records. Justice Amit Borkar emphasized that these are not the definitive proof of citizenship.
The court’s decision was prompted by a specific case in which the individual was alleged by the police to be a Bangladeshi citizen residing in Thane since 2013. This led to a discussion on the documents needed to prove Indian citizenship.
**Essential Documents to Prove Indian Citizenship:**
* **Birth Certificate:** This document is a crucial piece of evidence, issued by the authorities after birth, recording the place of birth. It is a primary and valid proof of citizenship under the Registration of Births and Deaths Act, 1969.
* **10th and 12th Certificates:** These certificates are accepted as valid documentation to demonstrate citizenship.
* **Domicile Certificate:** Issued by the state government, this certificate provides a verifiable record of residency within a specific state, supporting citizenship claims.
Additionally, land allotment certificates or pension orders issued by the government, especially those predating 1987, can also be considered as proof of citizenship.
**When Identity Cards Are Not Enough:**
The court stated that when an individual is under suspicion of foreign origin or using fraudulent documents, the court cannot exclusively rely on identity documents to ascertain citizenship. A detailed examination under the Citizenship Act, 1955, is essential.
**Methods to Acquire Indian Citizenship:**
* **Citizenship by Birth:**
* Those born in India between January 26, 1950, and July 1, 1987, are Indian citizens, regardless of their parents’ nationality.
* Individuals born in India between July 1, 1987, and December 3, 2004, are citizens if either parent was an Indian citizen at the time of birth.
* Individuals born in India after December 3, 2004, are citizens if either parent is an Indian citizen and the other parent is not an illegal immigrant.
* **Citizenship by Descent:** Applicable to individuals born outside India to an Indian citizen parent.
* **Citizenship by Registration:** Available for individuals of Indian origin residing in India for at least seven years and those married to an Indian citizen, also residing in India for at least seven years.
* **Citizenship by Naturalization:** For individuals residing in India for 12 years and fulfilling the conditions specified in the Third Schedule of the Citizenship Act, 1955.