A judicial declaration in Bombay clarifies that Aadhaar, PAN, and Voter ID do not serve as proof of Indian citizenship; reference to the Citizenship Act of 1955 is made to emphasize this point.
In a recent hearing at the Bombay High Court, the court underscored the significance of the Citizenship Act of 1955 in determining nationality within India. The court is currently considering the bail plea of Babu Abdul Ruf Sardar, who is accused of illegal entry and stay in India using forged documents.
The court clarified that documents such as Aadhaar, PAN, or voter ID are issued primarily for identification or to facilitate access to government services. They are not conclusive proof of citizenship, and establishing citizenship requires satisfying the statutory routes defined in the Citizenship Act.
Sardar's case involves the use of forged documents, which led to the rejection of his bail. He faces charges under the Bharatiya Nyaya Sanhita, the Passport Act, and the Foreigners Order. Illegal migrants are barred from acquiring citizenship through most legal routes under the Citizenship Act.
Justice Borkar emphasized that the Citizenship Act of 1955 is the main and controlling law for deciding questions about nationality in India today. The judge further pointed out that having documents such as Aadhaar card, PAN card, voter ID does not, by itself, make someone a citizen of India. These identity documents do not override or replace the legal framework governing citizenship.
The court's ruling underlines the importance of protecting the sovereignty of the country and ensuring that benefits and rights meant for citizens are not wrongfully taken by those who have no legal status to stay in India. The court's decision on Sardar's bail plea was not provided in the given paragraph.
The legal process for determining Indian citizenship under the Citizenship Act of 1955 is based on five main modes of acquisition: by birth, by descent, by registration, by naturalization, and by incorporation of territory. Each of these routes has specific criteria that must be met to acquire citizenship.
The court's emphasis on the Citizenship Act of 1955 comes at a time when there are concerns about illegal migration and the potential misuse of identity documents. The court's ruling serves as a reminder of the importance of adhering to the law and the need for rigorous verification to ensure the integrity of the country's citizenship process.
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