Aadhaar, PAN, Voter ID not proof of citizenship: Bombay HC ruling decoded

Business Standard

2 hours ago

The Bombay High Court on 12 August ruled that owning an Aadhaar card, PAN card, voter ID, or even a passport is not enough to prove you are an Indian citizen. This decision came while rejecting the bail plea of an alleged Bangladeshi man accused of illegally entering India and obtaining forged documents.
The bench emphasised that under Section 9 of the Citizenship Act, 1955, the burden of proving citizenship lies with the individual. The accused had claimed to be Indian but failed to produce valid citizenship documents such as a passport or a certificate issued under Indian law. The ruling reinforces that possession of commonly used identity documents does not override the legal requirement to prove nationality.
What the Case Was About
The man in question, Babu Abdul Ruf Sardar, was arrested on charges of:
Illegal entry into India
Possessing forged Indian identity documents
Potential national security violations
During the investigation, authorities allegedly found Bangladeshi birth certificates on his phone. While he claimed Indian citizenship and produced Aadhaar, PAN, and voter ID, the court found these insufficient as proof of nationality.
Justice Amit Borkar, after reviewing the evidence, observed that citizenship claims must be tested strictly under the Citizenship Act and that the burden of proof lies with the accused when credible evidence raises doubts about nationality. 'The allegations in this case are not small. It is not just about staying in India without permission or overstaying a visa. It is about making and using fake and forged identity documents like Aadhaar card, PAN card, and Voter ID, with the aim of pretending to be an Indian citizen.'
"The Bombay High Court rejected regular bail for the applicant, booked under BNS u/s 335, 336(3), 340/3(5), Passport Act u/s 3(a), 6(a) and Foreigners Order u/s 3(1), 3(2), 14, after forensic extraction from his phone disclosed Bangladeshi birth certificates (his and his mother's) and CDR/IPDR logs revealed persistent cross-border calls to Bangladesh-linked numbers. Invoking section 9 of the Foreigners Act, 1946, the Court held that this credible prosecution evidence shifts the burden to the applicant to prove Indian citizenship; until such proof is furnished, mere possession of unverified Aadhaar, PAN or Voter ID cards whose authenticity is still under UIDAI scrutiny cannot establish nationality or justify release," said Rahul Sundaram, Partner, IndiaLaw LLP.
What the Court Said
Justice Amit Borkar, delivering the order, made three key points:
Identification ≠ Citizenship
Aadhaar, PAN, voter ID, and passports are meant to verify identity for services and voting, not to establish nationality.
Citizenship Must Be Proven Under the Citizenship Act, 1955
To prove you are an Indian citizen, you must show eligibility through:
Birth in India before a certain cut-off date
Indian parentage
Registration or naturalisation as per law
"Under Indian law, documents like Aadhaar, PAN, or Voter ID establish identity or residence—not citizenship—and the Bombay High Court has rightly held that citizenship must be proved strictly in accordance with the Citizenship Act, 1955 and recognised legal evidence," said Athira Sajan, Associate Partner, King Stubb & Kasiva, Advocates and Attorneys.
Burden of Proof Is on the Individual
Under the Foreigners Act, if the state presents credible evidence that raises doubt about a person's citizenship, it is the individual's responsibility to prove they are Indian.
The Laws Involved
Citizenship Act, 1955 — Defines how citizenship is acquired and the documents needed to prove it.
Foreigners Act, 1946 (Section 9) — Places the burden of proof on the person suspected of being a foreign national.
Representation of the People Act — Governs voter ID issuance, which is not linked to a citizenship verification process as rigorous as the Citizenship Act.
Why Your Aadhaar or Voter ID May Not Be Enough
Aadhaar is issued based on proof of identity and residence — not nationality.
PAN card is for tax purposes — foreign nationals can also obtain one.
Voter ID is linked to electoral rolls — errors or fraudulent enrolment can occur.
Passport requires some citizenship verification but can be obtained fraudulently.
In short: These documents are valid for day-to-day identification but are not decisive proof of nationality in a court of law.
Implications of the Ruling
Legal Scrutiny in Citizenship Disputes
If your citizenship is challenged, you'll need documentary evidence like birth certificates, parentage records, or official nationality certificates.
Stricter Checks for Border Cases