Former Solicitor General of India Harish Salve said a valid Indian passport serves as strong evidence of citizenship but is not the sole proof.

The distinction is critical as India continues to debate the legal requirements for verifying nationality and the role of digital identification systems. The discussion centers on whether current documents are sufficient to protect citizens from wrongful exclusion.

Salve said that authorities should have good reasons to reject a valid passport when it is presented as evidence of citizenship [1, 2]. While the document is a powerful indicator of legal status, he said that it does not function as the absolute and only proof of citizenship in all legal contexts [1, 2].

He also addressed the use of Aadhaar for citizenship verification. Salve said that Aadhaar is not designed for this purpose and criticized the application of unreasonable documentary requirements during the verification process [1, 2]. Because Aadhaar serves as a residency and identity tool rather than a citizenship certificate, using it as a primary proof of nationality can lead to legal complications [1, 2].

To resolve these systemic gaps, Salve said that India may eventually need a national identity register [1, 2]. He said that such a register would need to be distinct from Aadhaar to specifically verify citizenship [1, 2]. This approach would create a dedicated framework for nationality that separates biometric identity from legal citizenship status [1, 2].

Salve's commentary highlights a tension between existing administrative tools and the legal rigor required for citizenship claims. He said there is a need for a clear, dedicated system to avoid the ambiguity currently associated with passports and identity cards [1, 2].

“A valid passport would ordinarily be strong evidence of citizenship and authorities should have good reasons to reject it.”

The legal distinction between identity and citizenship is a central point of contention in Indian administrative law. By arguing for a separate national identity register, Salve suggests that current tools like Aadhaar and passports are insufficient for the rigorous demands of citizenship verification, potentially signaling a shift toward a more formalized, state-managed registry of nationals.