Citizenship rule change: Applicants have to declare, surrender passports issued by Pakistan, Afghanistan, Bangladesh
The Ministry of Home Affairs (MHA) has notified an amendment to the Citizenship (Amendment) Rules, introducing a new provision in Schedule IC of the Citizens...
What Happened
- The Ministry of Home Affairs (MHA) has notified an amendment to the Citizenship (Amendment) Rules, introducing a new provision in Schedule IC of the Citizenship Rules, 2009.
- Applicants seeking Indian citizenship under the Citizenship (Amendment) Act (CAA), 2019 must now mandatorily declare whether they hold any valid or expired passport issued by the governments of Pakistan, Afghanistan, or Bangladesh.
- If an applicant possesses such a passport, complete details — including passport number, date of issue, place of issue, and date of expiry — must be furnished in the citizenship application.
- If Indian citizenship is granted, the applicant must surrender the foreign passport to the concerned Superintendent of Post or Senior Superintendent of Post within 15 days of citizenship approval.
- The amendment reinforces India's constitutional bar on dual citizenship; concealing passport details, falsely claiming loss, or providing incorrect entry records may result in deprivation of Indian citizenship.
Static Topic Bridges
Citizenship (Amendment) Act, 2019 (CAA)
The Citizenship (Amendment) Act, 2019 amended the Citizenship Act, 1955 to provide a fast-track naturalisation pathway for six specified non-Muslim minority communities from three neighbouring countries.
- Eligible communities: Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who entered India from Pakistan, Afghanistan, or Bangladesh on or before December 31, 2014.
- The residency requirement for citizenship was reduced from 11 years to 5 years for these applicants.
- The Act exempts eligible migrants from prosecution under the Foreigners Act, 1946 and Passport Entry into India Act, 1920 for illegal entry or overstayed visas.
- Regional exclusions: The CAA does not apply to tribal areas covered under the Sixth Schedule of the Constitution (parts of Assam, Meghalaya, Mizoram, Tripura) or areas governed by the Inner Line Permit under the Bengal Eastern Frontier Regulations, 1873.
- The CAA rules were notified in March 2024, operationalising the Act for the first time since its passage in December 2019.
Connection to this news: The 2026 passport declaration rule is an administrative tightening of the CAA application process, aimed at preventing dual citizenship and ensuring verifiable documentation of past travel history from the three source countries.
Citizenship Act, 1955 and Dual Citizenship Bar
The Citizenship Act, 1955 is the principal legislation governing acquisition, determination, and renunciation of Indian citizenship, enacted under Article 11 of the Constitution which empowers Parliament to regulate citizenship.
- India does not permit dual citizenship under the Citizenship Act, 1955 (Section 9 — termination of citizenship upon voluntary acquisition of foreign citizenship).
- Overseas Citizen of India (OCI) is not citizenship — it is a long-term visa status that does not confer voting rights, government job eligibility, or the right to hold certain public offices.
- A person acquiring Indian citizenship must renounce any other citizenship they hold; failure to do so within a reasonable period leads to citizenship lapse.
- Section 10 of the Citizenship Act allows for the deprivation of citizenship if it was obtained by registration or naturalisation through fraud, false representation, or concealment of material facts.
Connection to this news: The mandatory passport declaration and surrender requirement directly enforces Section 9's dual citizenship bar; it also ensures that concealment of foreign passport details at the time of CAA application can invoke Section 10 deprivation proceedings.
Constitutional Framework for Citizenship
Citizenship in India is governed by Part II of the Constitution (Articles 5 to 11) and the Citizenship Act, 1955.
- Article 5 (citizenship at commencement), Article 6 (citizenship of migrants from Pakistan), Article 7 (citizenship of migrants to Pakistan), Article 8 (citizenship of persons of Indian origin outside India), and Article 9 (persons voluntarily acquiring foreign citizenship not to be citizens) are the key constitutional provisions.
- Article 11 vests full power in Parliament to make any provision with respect to citizenship — it is a plenary power not limited by Articles 5–10.
- The Citizenship Act, 1955 operates under Article 11's mandate and covers citizenship by birth, descent, registration, naturalisation, and incorporation of territory.
- The 2019 amendment to the Citizenship Act (CAA) is constitutionally challenged for allegedly violating Article 14 (equality before law) by making religion a criterion for citizenship benefits.
Connection to this news: The 2026 passport declaration amendment is a subordinate rule under the Citizenship Act's Section 18(2) rule-making power; it operationalises the Act's anti-dual-citizenship framework for CAA applicants specifically.
Renunciation and Deprivation of Citizenship
India's citizenship law provides for both voluntary renunciation and state-initiated deprivation.
- Section 8 of the Citizenship Act, 1955 governs renunciation: an adult of full capacity may renounce Indian citizenship by declaration registered with the prescribed authority; it takes effect upon registration.
- Section 10 governs deprivation: citizenship by naturalisation or registration can be revoked if obtained by fraud, disloyalty, unlawful trading with an enemy, or if the citizen has been sentenced to two or more years of imprisonment within five years of registration/naturalisation.
- Deprivation is an executive act — the Central Government issues a deprivation order after giving the person an opportunity to be heard.
Connection to this news: Concealing a Pakistani, Afghan, or Bangladeshi passport in the CAA application process now explicitly risks deprivation under Section 10, as the rule frames such concealment as a material misrepresentation at the time of citizenship grant.
Key Facts & Data
- Notifying authority: Ministry of Home Affairs (MHA).
- Legal basis: Amendment to Citizenship (Amendment) Rules; Schedule IC of Citizenship Rules, 2009.
- Countries covered: Pakistan, Afghanistan, Bangladesh.
- Passport surrender timeline: Within 15 days of approval of Indian citizenship.
- Surrendered to: Senior Superintendent of Post or Superintendent of Post.
- CAA 2019 residency requirement: 5 years (reduced from 11 years).
- Cut-off date for entry into India under CAA: December 31, 2014.
- CAA rules originally notified: March 2024.
- Eligible communities under CAA: Hindu, Sikh, Buddhist, Jain, Parsi, Christian.
- Constitutional basis for citizenship law: Article 11 of the Constitution; Citizenship Act, 1955.
- Dual citizenship: Not permitted under Indian law (Section 9, Citizenship Act, 1955).