A seemingly routine clarification from India’s Ministry of External Affairs (MEA) has exploded into a national controversy — and its shockwaves are reaching Indian communities in Australia who are grappling with their own citizenship paperwork.
The unnecessary controversy erupted after the MEA clarified that an Indian passport is primarily a travel document and not conclusive proof of citizenship, igniting intense debate on social media, with Opposition leaders and anti-government activists questioning how citizens are expected to establish their citizenship if even a passport is not considered definitive proof.
BJP leader Amit Malviya defended the government’s position, saying the MEA had not introduced any new rule and had only restated a long-settled legal position, pointing to a 2013 Bombay High Court ruling which held that citizenship must be established through a combination of documents — birth certificates, parents’ citizenship records, school records, electoral roll entries, and passports among others. Critics remained unconvinced.
Congress leader Dr Shashi Tharoor has called the MEA’s clarification a “distinction without a difference, meaningless to the average citizen,” arguing that it creates “an absurd legal paradox.” Writing on the occasion of Passport Seva Divas, Tharoor pointed out that Indians undergo gruelling police verifications and document checks precisely because the state demands concrete proof of citizenship before granting a passport — making it self-defeating to then declare that the same document does not prove citizenship.
Tharoor also noted that the Supreme Court has already ruled that Aadhaar is merely proof of identity and residence, not citizenship, leaving millions of Indians holding world-class biometric documents that are legally deemed conclusive of nothing. “This leaves millions of Indians in a bizarre administrative limbo where they possess world-class biometric and state-issued documents, yet none are legally deemed ‘conclusive’ proof of their nationality within their own borders,” he wrote.
His solution is practical and specific: amend the legal framework to make both passport and Aadhaar valid, conclusive proofs of Indian citizenship unless explicitly cancelled by the state. To address the complication that Aadhaar is currently issued to non-citizens resident in India for 182 days, Tharoor proposes that UIDAI introduce a visually distinct Aadhaar card — featuring, say, a visible diagonal red stripe — specifically designated for non-citizens, thereby allowing a standard citizen’s Aadhaar to serve as unambiguous proof of nationality. “By clearly demarcating the two categories, the state can safely mandate that carrying either a standard citizen’s Aadhaar or a valid passport is compulsory and sufficient proof of citizenship for all Indian nationals at all times,” he wrote, calling for a “common-sense legislative overhaul” to end what he dismissed as a “fatuous controversy.”
For Indians who have taken up or are in the process of taking up Australian citizenship, the MEA’s statement arrives at a particularly sensitive moment. As the MEA controversy swirled online this week, a far more practical question was being asked in the Melbourne Facebook group Indians in Melbourne by a community member who had just received Australian citizenship:
“After receiving citizenship, to return the Indian passport, can it be handed over to a relative who is returning back from a visit here so that they can formally hand it over to the Passport office back in India, or does it need an in-person appointment?”
The answer, based on current VFS Australia guidelines, is an unambiguous no. Applicants must submit their application to the VFS Centre of the Mission or Consulate having consular jurisdiction over their place of residence and provide a copy of valid address proof.
The surrender must be processed in Australia — not through a Passport Seva Kendra or Regional Passport Office in India — as the application is tied to the applicant’s Australian address. For those unable to visit in person, applications can be sent by post or courier, with no appointment required. Attempting to hand the passport to a departing relative risks administrative complications and could delay the Surrender Certificate needed for the OCI application.
Under the Indian Citizenship Act, 1955, dual citizenship is not permitted, and keeping, acquiring, or travelling on an Indian passport after acquisition of foreign citizenship constitutes an offence under the Indian Passport Act, 1967, attracting penalties.
The collection and delivery process of renunciation and surrender of passport and citizenship applications in Australia has been outsourced to VFS Global. The process requires the original Indian passport, a copy of the Australian passport, an Australian citizenship certificate, and photographs. Fees are approximately AUD 147 for post-2010 cases or AUD 32 for pre-June 2010 cases, not including VFS service charges. Once processed, the Consulate cancels the Indian passport and issues a Surrender Certificate as official proof that Indian citizenship has been renounced — a document essential for the next step: applying for an Overseas Citizen of India (OCI) card.
India launched the digital e-OCI system effective from 1 May 2026, featuring the e-OCI card with digital tracking, biometric consent, and faster processing. Applicants complete the online application form on the Government of India OCI portal at ociservices.gov.in, note down the Application Registration Number, upload all supporting documents, and then submit the physical application through VFS Global — the Consulate does not accept OCI applications directly. Processing typically takes four to six weeks. All applications must be made at the respective VFS offices in Canberra, Brisbane, Sydney, Melbourne, Perth and Adelaide.
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