The Bombay High Court has ruled that possessing an Aadhaar card, PAN card, or voter ID is not sufficient to determine Indian citizenship. The court emphasized that citizenship is determined strictly under the provisions of the Citizenship Act, 1955, and not through identity documents meant for service access or identification.
Justice Amit Borkar stated that the Citizenship Act of 1955 is the "main and controlling law" for deciding nationality in India. This act specifies who can be a citizen, how citizenship can be acquired, and under what circumstances it can be lost. The court clarified that identity documents like Aadhaar, PAN, and voter ID are for identification or availing services and do not override the legal requirements of citizenship as prescribed in the Citizenship Act.
The ruling came while Justice Borkar was denying bail to a man, allegedly from Bangladesh, accused of illegally entering India around 2013 and staying in Thane with "forged documents". The accused possessed forged Indian documents such as an Aadhaar card, PAN card, voter ID, and an Indian passport. The court noted that merely relying on these documents without verifying how they were obtained is insufficient proof of lawful citizenship, especially when their authenticity is under investigation.
The court observed that the Constitution laid down provisions to clarify who would be considered a citizen at the beginning of the Republic and empowered the Parliament to make laws on citizenship in the future. The Citizenship Act of 1955 created a permanent system for acquiring citizenship.
The High Court highlighted the distinction between lawful citizens and illegal migrants, noting that illegal migrants are barred from obtaining citizenship through most legal routes mentioned in the Citizenship Act.
The court also addressed the burden of proof in citizenship matters. If the government presents credible evidence raising a reasonable suspicion that a person is not an Indian citizen, the burden of proof shifts to that person to provide satisfactory evidence of their citizenship.
The Bombay High Court also expressed concerns that the accused might abscond if granted bail, considering the seriousness of the charges against him. The allegations include making and using fake identity documents like Aadhaar, PAN, and Voter ID with the aim of pretending to be an Indian citizen.
