Congress MP Shashi Tharoor has called for a “common sense legislative overhaul” to end confusion over.
What constitutes proof of Indian citizenship, suggesting that Aadhaar cards issued to non-citizens should be visually distinct from those issued to citizens.
His remarks came after the Centre clarified that a passport is not conclusive proof of citizenship, sparking widespread debate. In a post on X, Tharoor said most Indians have always regarded a passport as the highest proof of citizenship.
“While the government defends this as a long-standing legal position rooted in Section 20 of the Passports Act, 1967—which technically allows passports to be issued to non-citizens in rare cases of public interest—this is a distinction without a difference, meaningless to the average citizen,” he wrote.
Questioning the government’s stand, Tharoor said it was difficult to understand what document could conclusively establish citizenship if a passport—issued after extensive verification—did not. He also referred to the Supreme Court’s observation that Aadhaar is proof of identity and residence, not citizenship.
To resolve the ambiguity, Tharoor proposed amending the law to recognise both passports and Aadhaar cards as definitive proof of Indian citizenship unless they are formally cancelled or withdrawn by the state.
He acknowledged that Aadhaar is currently issued on the basis of residency rather than nationality, allowing both Indian citizens and eligible foreign residents to obtain the document. To address this, he suggested that the Unique Identification Authority of India (UIDAI) introduce a visually distinct Aadhaar card for non-citizens.
“The solution is straightforward. UIDAI should introduce a visually distinct Aadhaar card—featuring, say, a visible diagonal red stripe across the front—specifically designated for non-citizens living in India,” Tharoor said.
According to the Congress leader, clearly distinguishing citizen and non-citizen Aadhaar cards would enable the government to mandate that either a standard Aadhaar card issued to citizens or a valid Indian passport be accepted as sufficient proof of citizenship.
He argued that such a dual-document system would simplify identity verification, reduce bureaucratic disputes during processes such as electoral roll revisions, and provide Indians with greater legal certainty regarding their citizenship.
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