The Bombay High Court has ruled that possessing an Aadhaar card, PAN card, and Voter ID is not sufficient proof of Indian citizenship. The court’s decision came in response to a petition, emphasizing that these documents primarily serve as identification and facilitate access to services, but they do not meet the core legal criteria for citizenship as defined by law.
The case originated from a resident of Thane, who presented documents including an Aadhaar card, PAN card, passport, and Voter ID, with links to tax records, bank accounts, utilities, and business registrations. Justice Amit Borkar highlighted that these documents are meant for identification and service access, but do not supersede the fundamental requirements outlined in the Citizenship Act.
This judgment was made in a specific instance where the police had accused the individual of being a Bangladeshi citizen, residing in Thane since 2013.
The court’s directive raises the question: What documents are essential for proving Indian citizenship?
**Required Documents:**
* **Birth Certificate:** This is a primary document issued by authorities after birth, containing the details of the place of birth. It is a valid and essential proof of citizenship under the Registration of Births and Deaths Act, 1969.
* **10th and 12th Certificates:** These certificates are also considered as valid proof of citizenship.
* **Domicile Certificate:** Issued by the state government, this certificate confirms residency within a specific state, supporting citizenship claims.
Other documents like land allotment certificates or pension orders issued by the government, especially those issued before 1987, can also be used as proof.
**When Identity Documents Are Insufficient:**
The court emphasized that in cases where an individual is suspected of foreign origin or using fraudulent documents, the court cannot solely rely on identity documents to determine citizenship. The determination must be based on a rigorous examination according to the Citizenship Act, 1955.
**Methods to Obtain Indian Citizenship:**
1. **By Birth:**
* Individuals born in India between January 26, 1950, and July 1, 1987, are considered Indian citizens, irrespective of their parents’ nationality.
* Those born in India between July 1, 1987, and December 3, 2004, are Indian citizens if either parent was an Indian citizen at the time of birth.
* Those 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.
2. **By Descent:** If a person is born outside India, but has an Indian citizen parent.
3. **By Registration:** A person of Indian origin, residing in India for at least seven years, can apply. Also, a person married to an Indian citizen and residing in India for at least seven years can apply.
4. **By Naturalization:** Individuals residing in India for 12 years and meeting the conditions of the Third Schedule of the Citizenship Act, 1955, can apply.