Indian passport is "primarily a travel document" and should not be regarded as proof of citizenship.

 

The ministry of external affairs (MEA) that an Indian passport is "primarily a travel document" and should not be regarded as proof of citizenship. Speaking at an event marking the 14th Passport Seva Divas, a senior MEA official said that while a passport attests the nationality of Indians when they are abroad, citizenship is determined under separate legal provisions.

Centre issues clarification

The government issued clarification on the same on Thursday referencing Section 20 of the Passports Act, 1967, which provides for the issuance of passports to non-citizens."Notwithstanding anything contained in the foregoing provisions relating to issue of a passport or travel document, the Central Government may issue, or cause to be issued, a passport or travel document to a person who is not a citizen of India if that Government is of the opinion that it is necessary so to do in the public interest," Section 20 of the Act states.Last September, the Supreme Court declined requests from political parties seeking a direction to the Election Commission (EC) to treat Aadhaar as a standalone document for establishing citizenship during the special intensive revision (SIR) of electoral rolls in Bihar. The court observed that Aadhaar's legal status could not be expanded beyond what is provided under existing law and refused to mandate its acceptance as sole proof of citizenship for voter enrolment.

How can Indian citizenship be acquired?

According to a PIB Q&A on the National Register of Citizens (NRC), Indian citizenship can be acquired in five ways under the Citizenship Act, 1955:

• Citizenship by Birth
• Citizenship by Descent
• Citizenship by Registration
• Citizenship by Naturalisation
• Citizenship by Incorporation of Territory

Is there a single document that proves Indian citizenship?

No. India does not issue a single, universally held document that serves as definitive proof of citizenship for all citizens. Citizenship is established based on how it was acquired and the supporting records available under the Citizenship Act.

What is direct proof of Indian citizenship?

For people who became Indian citizens through registration or naturalisation, a citizenship certificate issued by the government serves as direct proof of citizenship.

Is a citizenship certificate issued to every Indian citizen?

No. Citizenship certificates are generally issued to people who acquire Indian citizenship through registration or naturalisation. Most Indians who are citizens by birth or descent do not possess a citizenship certificate.

What about Indians who acquired citizenship by birth or descent?

Most Indians acquire citizenship by birth or descent and may never possess a citizenship certificate. In such cases, citizenship is established through a combination of documents relating to date and place of birth, parentage and nationality.

Which documents can help establish citizenship?

Depending on the case, these may include:

• Birth certificates
• Citizenship certificates of parents
• Records showing a parent's Indian citizenship
• Indian passports of parents
• Other records relating to birth, parentage and nationality

Can an Indian passport be used in citizenship-related applications?

Yes. The ministry of home affairs' citizenship guidelines refer to Indian passports and citizenship certificates as proof of Indian citizenship in applications involving spouses, children or parents of Indian citizens.

Are Aadhaar, voter ID and driving licence proof of citizenship?

No. Aadhaar cards, voter IDs and driving licences primarily establish identity, residence or electoral registration. They are not considered conclusive proof of citizenship on their own.

Why don't identity documents automatically prove citizenship?

Documents such as Aadhaar, voter ID and driving licence are issued for specific purposes such as identity verification, electoral registration or driving privileges. They are not designed to determine citizenship status and therefore are not treated as conclusive proof of citizenship on their own.

Why did the MEA say a passport is not proof of citizenship?

The MEA clarified that a passport is primarily a travel document that attests the holder's nationality abroad. Legally, citizenship is determined under the Citizenship Act, while a passport is issued under the Passports Act and does not by itself constitute definitive proof of citizenship in all circumstances.

Can an OCI cardholder become an Indian citizen?

Yes. An Overseas Citizen of India (OCI) cardholder who has been registered as an OCI for at least five years and meets other eligibility requirements can apply for Indian citizenship by registration.

Does India allow dual citizenship?

No. India does not recognise dual citizenship. While the OCI scheme provides certain benefits to foreign nationals of Indian origin, OCI cardholders are not Indian citizens.

SC treats mason’s leg amputation as 100 pc functional disability, raises compensation to Rs 40.29 lakh

 

1 . Supreme Court Raises Compensation to ₹40.29 Lakh for Mason Who Lost Leg, Says Functional Disability 100%  

 2.  SC: Physical Disability 70% But Loss of Earning Capacity 100% for Mason, Enhances Payout  

 3.  Lost Leg, Lost Livelihood: Why SC Gave 100% Disability to Tamil Nadu Mason Despite 70% Physical Disability  

 4.  ₹29 Lakh to ₹40 Lakh: SC’s Key Ruling on ‘Functional Disability’ in Motor Accident Claims  

 5.  Functional Disability ≠ Physical Disability: SC Sets Precedent in M. Paramesh v. Insurance Case  

 6.  SC to Courts: Don’t Just Use % Disability. Check If They Can Still Earn  

The Supreme Court has enhanced compensation payable to a Tamil Nadu mason who lost his right leg in a road accident, holding that courts must assess “functional disability” and not merely the percentage of physical disability while determining loss of earning capacity in motor accident claims.

A bench of Justices Prashant Kumar Mishra and N.V. Anjaria increased the compensation awarded to claimant M. Paramesh from Rs 29.01 lakh, as fixed by the Madras High Court, to Rs 40.29 lakh, observing that the amputation of his right leg above the knee had effectively rendered him incapable of continuing his profession as a mason.

Allowing the appeal in part, the apex court held that although the claimant’s permanent physical disability had been assessed at 70 per cent, his functional disability for the purpose of earning a livelihood was 100 per cent. “The amputation of the right leg above the knee has not merely caused physical disability to the appellant but has rendered him incapable of effectively carrying on the manual and physical work which constituted his only source of livelihood,” the Justice Mishra-led Bench said.

“In such circumstances, restricting the loss of earning capacity to 70 per cent merely on the basis of physical disability would not be justified,” it added. The case arose from an accident that occurred on April 18, 2017, on the Namakkal–Salem National Highway in Tamil Nadu when a lorry hit the claimant’s bicycle from behind.

The accident caused grievous injuries to his head, jaw, eye and right leg, eventually leading to amputation of the right leg above the knee. The claimant, who was around 30 years old at the time and worked as a mason, had approached the Motor Accident Claims Tribunal (MACT) seeking compensation of Rs 25 lakh, contending that he had lost his ability to continue his occupation due to the permanent disability suffered in the accident.

The MACT awarded compensation of Rs 10.84 lakh in 2019 by assessing his monthly income at Rs 6,000 and calculating loss of earning capacity on the basis of 70 per cent disability. On appeal, the Madras High Court enhanced the compensation to Rs 23.86 lakh by increasing the monthly income to Rs 12,000 and granting a 40 per cent addition towards future prospects.

However, the Supreme Court found errors in the High Court’s computation and recorded that future prospects had been calculated on the basis of the MCAT’s assessment rather than on the enhanced income determined by the High Court itself. The apex court also observed that certain amounts awarded by the MCAT under the heads of nutrition, clothing and ornaments, and medical expenses were inadvertently omitted from the Madras High Court’s final computation despite not being disturbed. Referring to an earlier decision, the Justice Mishra-led Bench reiterated that compensation cannot be determined by mechanically equating physical disability with loss of earning capacity.

“The assessment of compensation in cases of permanent disability cannot be undertaken by mechanically applying the percentage of physical disability as the percentage of economic loss,” the judgment said. Observing that masonry is a physically demanding profession requiring continuous use and support of both legs, the apex court held that the claimant had effectively lost his capacity to continue his avocation.

“Having regard to the nature of avocation carried on by the appellant, the extent of injuries suffered by him and the principles laid down by this Court…, we are of the considered opinion that the functional disability suffered by the appellant is required to be assessed at 100 per cent,” the bench ruled.

It further enhanced compensation towards future medical expenses, including artificial limb replacement and rehabilitation, from Rs 1 lakh to Rs 2 lakh, observing that the claimant would require periodic replacement and maintenance of prosthetic limbs throughout his lifetime.

Recalculating compensation by treating the claimant’s functional disability as 100 per cent, retaining the monthly income at Rs 12,000, adding 40 per cent towards future prospects and applying a multiplier of 17, the Supreme Court enhanced the total compensation to Rs 40.29 lakh. It directed the insurance company to deposit the enhanced compensation amount before the MCAT within six weeks. The enhanced amount will carry interest at the same rate fixed by the Madras High Court.

Kerala HC: Elected Reps Must Take Oath 'In Name of God' Only, No Names Allowed

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Elected representatives cannot modify/expand the statutory oath by adding names of deities, political martyrs, organisations, or public figures. Oaths taken in names of deities/martyrs/movements are invalid.

Key Points:  

 1.  Statutory form must be followed: Section 152 Kerala Panchayat Raj Act + Section 143 Kerala Municipality Act + Article 188 Constitution prescribe oath "in the name of God" or "solemn affirmation" only. No expansion allowed. When statute prescribes a manner, it must be done that way alone.

 2.  Personal faith vs statutory duty: Citizens can believe in any deity/spiritual figure personally. But statutory oath is not for personal expression. “We need not expand God by name... God is one for all.”

 3.  Reasoning: If expansions allowed, there’s no stopping point. Court gave examples: parent, teacher, political leader, Veerappan, Oommen Chandy. Would let everyone rewrite oath per personal belief = limitless variations, destroys uniformity.

 4.  Precedent: Court preferred Haridasan Palayil 2003 over Madhu Parumala 2006. Even Muslim oath “in name of Allah” is okay because “Allah” = “God”, not expansion. But adding specific names like “Rama, Krishna, Jesus, political martyrs” = expansion.

 5.  Philosophy cited: Sree Narayana Guru’s “One Caste, One Religion, One God for Humankind” + Rig Veda “Ekam Sat Viprah Bahudha Vadanti” - Truth is one, wise call it by many names.

Outcome:  

Invalidated oaths. Directed State Election Commission to conduct fresh oath-taking within 4 weeks in prescribed form.

One-line takeaway: You can believe in any god, but the law’s “God” cannot be expanded with names.

Employee Who Didn't Inform Employer Of Address Change Can't Raise Plea Of Non- Receipt Of Show-Cause Notice : Supreme Court

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Facts:  

Employee stayed absent ∼24 days without authorization. Employer sent show-cause notice to his permanent Bihar address, which he gave. Employee lived in Noida UP and said he never got it. He claimed absence was due to mother’s ill health and he verbally told his superior.

Issue:  

Labour Court + Allahabad HC ordered reinstatement with back wages. Employer appealed to SC.

SC Holding:  

 1.  Notice valid: Employer must send communication only to the address provided by employee. Duty to update residence/address lies with employee, not employer.  

 2.  Absence unjustified: No documentary proof of mother’s illness or leave request. 1 oral claim without any written intimation/leave application during 24 days is not enough.  

 3.  No relief: Employee produced no evidence of trying to rejoin duty either.

Outcome:  

SC set aside Labour Court + HC orders. Validated removal from service. Appeal allowed.

Core principle: “You can’t take advantage of your own omission” — if you don’t update your address or give leave proof, you bear the consequences.

The Supreme Court recently observed that dismissal from service is one of the harshest forms of punishment.

The Supreme Court recently observed that dismissal from service is one of the harshest forms of punishment; therefore, it must only be imposed by the disciplinary authority after duly considering relevant factors such as the nature and gravity of the misconduct, long service rendered, record, age, absence of financial

Disciplinary authorities must be very careful before imposing the severest form of punishment of dismissal from service as it has a devastating effect not only on the dismissed employee but also on their dependent family members, the Supreme Court has said.

A Bench of Justice Sanjay Karol and Justice N Kotiswar Singh said dismissal from service must remain reserved for cases where the misconduct is of the most serious nature where elements of synthetic consideration would be undesirable and inappropriate.

The Bench set aside the Bombay high Court’s order that had upheld dismissal of Surekha Domaji Bele – an employee of the Maharashtra State Electricity Distribution Company Limited (MSEDCL) – in 2017 on the basis of show-cause notice issued in 2008.

“Dismissal is ordinarily justified where the misconduct is of such gravity that continuance of the employee would be wholly incompatible with discipline, trust or institutional functioning. Cases involving corruption, illegal gratification, moral turpitude, misappropriation, acts causing substantial loss to the employer, or conduct showing complete unfitness for continued service stand on a different footing,” the Bench said in its June 11 verdict.

“However, where the misconduct does not involve corruption, moral turpitude, financial misappropriation or proved loss to the employer, and where there is long service without much blemish, the disciplinary authority must carefully examine whether any lesser punishment would meet the ends of justice,” it clarified in its verdict on Bele’s appeal

Describing dismissal from service as one of the harshest forms of punishment, the top court said it must only be imposed by the disciplinary authority after duly considering relevant factors such as the nature and gravity of the misconduct, long service rendered, record, age, absence of financial loss to the company, etc.It held that the period of suspension pending inquiry can’t be imposed as a second punishment over and above dismissal.

The top court directed the MSEDCL to issue a proper show-cause notice to appellant Bele on the penalty to be imposed other than dismissal and determine her claim for subsistence allowance in two parts.

From September 4, 2006, to March 3, 2006, the authority shall consider the original reporting condition if leave of absence was granted, etc. but for the remaining period, she shall be eligible for subsistence allowance irrespective of the punishment to be imposed, it said.

“In the absence of any order reviewing or validly continuing the suspension beyond six months being shown on record, the Appellant shall be treated as eligible for subsistence allowance for the period after 03.03.2007 till 12.07.2017,” it ordered.

RTI activism has become a new business. -SC

The Supreme Court today(May 15) denied anticipatory bail to an RTI activist accused of obstructing a public servant in connection with the construction of a road.

A bench comprising Justice Sandeep Mehta and Justice Vijay Bishnoi denied bail to RTI activist Rakesh Kumar Behl. It orally remarked that RTI activism has become a new business. 

Justice Mehta said: "RTI activists have become a new business. Central government has issued funds, it will take care of the construction of road. You are nobody. So-called RTI activist!. Yellow journalism. Dismissed."

Justice Bishnoi also questioned why Behl was monitoring the construction of the road. He remarked: "Who are you to monitor the construction all these road progress or all? Are you some superior authority?"

The petitioner assailed the Punjab and Haryana High Court's order denying him anticipatory bail. 

To briefly state, the petitioner, along with another accused allegedly obstructed the ongoing road construction work and also intimated the complainant under whose supervision the work was being executed and the labourers present at the site. The petitioner is also said to have inflicted blows on the complainant while another accused kicked him.

It is also alleged that they made caste-based derogatory remarks against the labourers and subsequently, FIR was registered under Sections 304(2), 132, 221, 121(1), 351(2), 351(3), of BNS, 2023 (Sections 3(5), 121(2) of the BNS, 2023 and Section 3(1) of the SC/ST Act.

The Punjab and Haryana High Court in its order stated that the allegations levelled in the FIR discloses specific and direct involvement in obstructing the government work.

Supreme Court Refuses To Interfere With Police Summons To Law Firm, Stays Arrest

The Supreme Court declined to block police action against 'The Legal Attorneys and Barristers' regarding ₹6.8 crore in suspected diverted funds but granted advocate Hussain Moeen Farooq two weeks of protection from arrest. The Court refused to unfreeze the law firm's bank accounts, directing parties to seek relief from the High Court. 

The Supreme Court on Tuesday refused to interfere with a police summons to a law firm in connection with an investigation, though it stayed the arrest of the advocate of the firm for two weeks. The firm has been directed to appear before the police and give their explanation.

They were also granted liberty to take steps to challenge the summons before the High Court.

The Court also refused to interfere with a Madras High Court order impleading the law firm in a contempt proceeding.

151 More Seats Opened for NEET-SS.

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The Supreme Court of India directed the State of Tamil Nadu to report 151 unfilled super-speciality medical seats (DM and M.Ch) to the Director General of Health Services (DGHS) so they can be allocated via the All India merit list.

Core Ruling and Actions

• Seat Surrender: The Court disposed of a writ petition regarding the ongoing NEET-SS 2025 counselling process.
• Precedent Followed: A bench of Justice Pamidighantam Sri Narasimhaand Justice Alok Aradhe based the decision on the previous N. Karthikeyan & Ors. v. State of Tamil Nadu case.
• Allocation Process: Tamil Nadu first fills its reserved seats, and any remaining vacant seats are handed over to the Union Government for All India merit distribution.

Petitioner Demands & Counseling Terms

• Initial Request: Petitioners wanted unfilled state quota seats transferred to the All India Quota to be included in the second or an additional round of counselling.
• Counselling Cut-offs: Additional Solicitor General S.D. Sanjay confirmed that the existing counselling cut-off dates will be maintained unless changes become absolutely necessary.
• Case Limitations: The Supreme Court clarified that this specific order applies only to the unique circumstances of this case and will not serve as a legal precedent for future matters.

Supreme Court Denies Accused’s Plea for Foreign Medical Travel, Citing Availability of Adequate Treatment in India

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Professional & Authoritative

• Supreme Court Rejects Accused’s Plea for Foreign Medical Travel

• Balancing Fundamental Rights and Criminal Justice: Supreme Court Ruling on Foreign Travel

• Court Denies Foreign Travel for Medical Treatment, Cites Availability of Facilities in India

Clear & Informative

• Can an Accused Travel Abroad for Medical Treatment? Supreme Court Clarifies

• Supreme Court Overturns High Court Ruling Allowing Accused to Travel to USA

• Why the Supreme Court Refused Permission for Foreign Travel in a Section 306 Case

Short & Punchy

• Foreign Travel Denied: SC Rules on Medical Treatment Abroad

• Court Sets Limits on Foreign Travel for Trial Accused

The Supreme Court has recently refused permission for a foreign travel to an accused who sought medical treatment for an ailment in the USA, noting that the ailment could be cured by the medical facilities available in India.

A bench of Justice Dipankar Datta and Justice Satish Chandra Sharma set aside the Telangana High Court's decision, which had permitted the accused-Respondent No.2 to travel to the USA for treatment of his ailment.

Noting that the accused was facing trial for abetment to suicide under Section 306 of the Indian Penal Code, and that the medical ailments he suffered from could be adequately treated within India, the Court declined permission for foreign travel. The Court remained unconvinced by the accused's reliance on his track record of cooperation with the trial court and police during the investigation, and further disagreed with the High Court's reasoning that his 12 appearances before the magistrate justified permitting him to travel abroad.

“The “exigencies of medical treatment to be undergone” by the respondent no.2 and that “he has appeared before the Magistrate Court on the last 12 occasions” coupled with his undertaking to return to India within 6 (six) months were considered good enough reasons by the High Court to interfere in the exercise of its revisional jurisdiction. Having regard to the trajectory of the proceedings right from the date the FIR was registered, the conduct of the respondent no.2, the nature of his ailment, and the medical facilities available in India (which, we believe, are comparable with any facility available in any foreign country), we have no doubt in our mind that the High Court instead of exercising judicial restraint was indulgent towards the respondent no.2 and permitted him to travel to the USA even though all medical facilities exist domestically.”, the court observed.

Background

Initially, the Magistrate returned the deposit passport to the accused; however, the Magistrate directed that he shall not leave India without obtaining permission from the competent court.

Aggrieved thereby, the State preferred a revision petition before the Sessions Court.

The Sessions Court reversed the order of the Magistrate and directed the respondent no. 2 to deposit his passport, having regard to the prolonged pendency of the matter. The Sessions Court further recommended to the passport authorities that the movement of the respondent no. 2 be restricted in accordance with the provisions of the Passports Act, 1967.

Assailing the aforesaid order, the respondent no. 2 preferred a revision petition before the High Court, where, in exercise of its revisional jurisdiction, it set aside the order of the Sessions Court and restored the order passed by the trial court.

In addition thereto, the High Court also permitted the respondent no. 2 to travel to the USA after committal of the case, subject to certain conditions. The reason which weighed with the High Court was that the respondent no.2 had appeared before the Magistrate on 12 (twelve) previous occasions and that he required medical treatment in the USA.

Aggrieved by the High Court's decision, the complainant moved to the Supreme Court.

Decision

Setting aside the impugned order, the judgment authored by Justice Datta rejected the accused's contention that imposing a condition requiring either the deposit of his passport or prior court permission for foreign travel would amount to a violation of Article 21 of the Constitution.

“While Article 21 undoubtedly guarantees the fundamental right to personal liberty, which includes the right to travel abroad, such right cannot be viewed in isolation. A balance must be struck between the individual liberty of the respondent no. 2 on the one hand and the right of the appellant to a speedy trial together with the larger societal interest in ensuring the effective administration of criminal justice, on the other.”, the court observed, citing Rajesh Ranjan Yadav v. CBI, (2007) 1 SCC 70.

Accordingly, the appeal was allowed, whereby the magistrate's order was restored to its effect.

Cause Title: SEESA SANTOSH VERSUS THE STATE OF TELANGANA AND ANR.