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Question (10 marks, ~150 words):
A passport is a 'travel document', not a 'citizenship document'. In light of India's constitutional commitment to jus soli and the primacy of personhood, critically examine the risks of shifting the burden of proving citizenship onto the resident. (10 marks, 150 words)
India's Constitution founded citizenship on personhood and jus soli (Articles 5-11), with Article 11 empowering Parliament within a secular, non-discriminatory frame. Over time the frame narrowed — Section 6A (1985), the 2003 amendment, and judicial affirmation in 2024 — while the SIR and the 'passport as travel document' stance quietly shift the onus of proof onto residents. This is risky: Articles 14 and 21 protect every person; State-issued documents deserve strong evidentiary weight; and the Assam D-voter experience shows how tribunals and paperwork can wrongfully exclude the poor. Deleting names from rolls without due process strikes at the right to vote. The balanced course keeps the burden on the State, treats official documents as prima facie proof, mandates reasoned orders before deletion, and shields the undocumented — ensuring electoral rolls remain instruments of inclusion rather than disenfranchisement, consistent with the Constitution's foundational secular and egalitarian commitments.
Source: The Hindu (Editorial page), 6 July 2026 — 'The right to belong beyond official documentation' · 2026-07-06
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