What is the Citizenship Amendment Act, 2019?
The Citizenship Amendment Act, 2019 amended the citizenship laws in India. According to the law, any person who is a Hindu, Sikh, Buddhist, Jain, Parsi or Christian from Afghanistan, Bangladesh or Pakistan, who entered India on or before the 31st December, 2014, is automatically granted immunity, and will not be treated as an illegal immigrant, but as a citizen of India. This immunity is not applicable to Muslims.
Is a Voter ID Card a valid proof of citizenship?
There is no official ruling or information on whether the Voter ID Card is a valid proof of citizenship from the Supreme Court or the Parliament. However courts in different states have given contradictory judgments on the same. For instance, the Gauhati High Court has held that the Voter ID Card is not a valid proof of citizenship(( Munindra Biswas vs Union Of India, Case No. : WP(C) 7426/2019)), whereas, the court in Mumbai has held that the Voter ID Card is a valid proof of citizenship.(( Voter Identity Card Sufficient Proof of Citizenship, Rules Mumbai Court.Tribuneindia News Service. Accessed at https://www.tribuneindia.com/news/nation/voter-identity-card-sufficient-proof-of-citizenship-rules-mumbai-court-44563.))
What are diplomatic and official passports?
There are three types of passports that are issued in India. These are ordinary, diplomatic and official.
A diplomatic passport has a maroon cover, and is issued to designated members of the government, members of the judiciary, diplomats, etc., whereas an official passport has a grey cover, and is issued to designated non-gazetted government servants and other persons as authorized by the government.
What is the validity of a minor’s passport?
The validity of a minor person’s passport is 5 years or till they turn 18, whichever is earlier. However, minors between 15 and 18 years of age can apply for a passport which has a 10-year validity, or for a passport which will be valid until they turn 18.
How can persons with disability (PwD) register as electors?
In order to facilitate Persons with Disability (PwD), the ECI has also developed an android-based mobile application i.e. PwD App, which provides the facility for voters themselves to register as PwD so that the same can be reflected in the electoral roll. The person with disability can request for registering as an elector, and upon receiving the request the ECI will ensure that the booth level officer will reach the doorstep. Through the PWD App, a PwD can:
- Inform About Disability
- Request For New Voter ID Registration
- Request For Transfer
- Request For Updation
- Find Polling Booth
- On-Call Support
What happens if I fail my driving test?
If you fail the driving test, you can take it again after 7 days. However, if you fail your driving test 3 times, you cannot take it again for the next 60 days from the date of your last test. You should also re-check this with the RTO/RTA of your State.
What is e-Aadhaar? Is it as valid as an original authentic Aadhaar?
E-Aadhaar is an electronic version of your Aadhaar downloadable with your Aadhaar number or Enrolment ID here. The downloaded Aadhaar (e-Aadhaar) is a valid and secure password-protected electronic document which should be treated at par with the original Aadhaar letter.
How can children enroll for Aadhaar?
For children below 5 years, the parents’/guardian’s name, Aadhaar and biometrics have to be provided at the time of enrolment. At the time of enrolment, enrolling authority has to inform and take the consent of the parent/guardian.
Mandatory biometric updates of children will be required when:
- A child below 5 years at the time of enrolment is re-enrolled at the age of 5 and all biometric data is provided once again.
- Children between 5 and 15 at the time of enrolment furnish all biometric details for update upon attaining 15 years of age.
What happens if I don’t have the address proof while applying for updation of Aadhaar address details?
If you don’t have address proof, you can update your Aadhaar address to where you are presently residing, with the consent and authentication of the Address Verifier. An Address Verifier is a family member, relative, friends, landlord etc. who is willing to let you use his/her address as proof.
You can request for an Address Validation Letter here. Upon submitting your request, the UIDAI shall send the Address Validation Letter to the address within 30 days, which could be used for online update.
What happens if I don’t have the documents necessary to apply for Aadhaar?
If someone in a family does not have individual valid documents, the resident can still enroll using a family entitlement document with the Head of Family (HoF) introducing the family member. Where there are no documents available, the resident may also take the help of Introducers at the Enrolment Center. Read more about HoF and Introducer-based enrolment here.
Can foreigners apply for Aadhaar?
Yes, any individual, even a foreigner, who is a resident of India, may voluntarily enrol to obtain an Aadhaar number. You are considered a ‘resident’ if you have resided in India for a period amounting in total to at least 182 days in the twelve months immediately before the date of application for enrolment.
Can we use an Aadhaar card as a domicile certificate or proof of citizenship?
No, an Aadhar Card cannot be used as a domicile certificate or to prove citizenship to India. It is only a form of proof of identification.
How do I cancel/surrender my PAN Number?
If you have been allotted more than one PAN Number, you have to surrender one of your PAN Numbers by filling and submitting PAN Change Request Form, which can be downloaded here. The Form is also available at any TIN-FC or PAN Center of NSDL.
Mention the PAN Number which you are using currently on top of the form. The corresponding PAN Card copies/PAN allotment letters should be submitted for cancellation along with the form as proof of PAN Number surrendered.
If you wish to cancel your PAN Number (currently in use), then you need to visit your local Income Tax Assessing Officer with a request letter to cancel/ surrender your PAN Number.
Is Aadhaar compulsory for obtaining PAN Number?
Yes, it is mandatory to quote Aadhaar/Aadhaar Enrolment ID for making an application for a PAN Number.
How long will a Tatkal Passport take?
Tatkal Passport is a scheme available to citizens who need their Passports urgently. In this scheme, if police verification is not required, the Passport is dispatched within 1 working day (excluding the date of submission of application), and in 3 working days, if it is required.
Can I have more than one PAN Number?
No, you cannot have more than one PAN Number. Any person who has already been allotted a PAN Number cannot apply for or obtain another PAN Number. Even when you apply for a new PAN Card, your PAN Number remains the same on the new card.
Is PAN Card a compulsory document?
No, PAN Card is not a compulsory document. However, all existing assessees or taxpayers or persons who are required to file a return of income, even on behalf of others, must have a PAN Number. It is compulsory to quote PAN Number on return of income tax and on certain financial transactions.
Who is required to mandatorily have a PAN Number?
If you are a person who belongs to the categories given below and if you do not have a PAN Number, make sure that you apply to the Assessing Officer for the allotment of a PAN Number under the Income Tax Act:
- if your total income or the total income of any other person in respect of which you are assessable during any previous year exceeded the maximum amount which is not chargeable to income-tax
- if you are carrying on any business or profession whose total sales, turnover or gross receipts are or is likely to exceed five lakh rupees in any previous year
- if you are required to furnish income tax returns
- if you are an employer who is required to furnish a return of fringe benefits
- if you are a resident, other than an individual, which enters into a financial transaction of an amount aggregating to two lakh fifty thousand rupees or more in a financial year
- if you are the managing director, director, partner, trustee, author, founder, karta, chief executive officer, principal officer or office bearer of the entity mentioned above or any person competent to act on behalf of the entity.
I am a man living with my younger brothers and my 15 year old daughter. Who will be the head of the household for the purposes of getting a Ration Card in this case?
According to the law, the eldest male number will be the head of the family for the purposes of obtaining a Ration Card, when there is no adult woman in the household. The female member, who is a minor person right now, will become the head of the household on turning 18 years old, in place of the male member.
Therefore, in this case, you will be the head of the household, and your daughter will become the head once she turns 18 years old.
Can I use my Passport to travel to any country in the world?
Even if you have a passport, you cannot travel to countries that fall within the following categories:
- A country which is committing, or assisting in committing, external aggression against India;
- A country which has active armed hostilities with India
- A country to which any travel would seriously impair the conduct of foreign affairs of the Indian government.
What is the National Register of Citizens (NRC)?
The NRC (National Register of Citizens) is a register maintained by the Government of India containing personal information such as name, age and other information for identification of Indian citizens. The register has only been implemented in Assam, so far, where it is termed National Register of Citizens (NRC).
For more information on the NRC, please see here.
When can I be disqualified from holding a Driving License?
Your application for a DL can be refused, you can be disqualified or your license revoked for any of the following reasons::
- You are a habitual criminal or drunkard.
- You are addicted to any drugs.
- You have used your motor vehicle to commit an offence or crime. For example theft of a motor vehicle etc.
- You have shown by previous conduct that your driving can pose a danger or nuisance to the public. For example, theft of a motor vehicle, assaulting passengers, over-speeding, etc.
- You have obtained your license by fraud.
- You are a minor person and were holding a license with the consent of a major person, but have ceased to be in his care.
- You have not passed the driving test conducted by the RTO/RTA.
- You have committed any offence with a motor vehicle, and a Court has disqualified you, except for offences related to over-speeding when committed for the third time can lead to disqualification.
- Your license has been revoked at any time in the past. If your license has been revoked, you must surrender your license to the authority which revoked it.
When can my Passport be revoked or impounded?
Your Passport may be impounded or revoked on any of the following grounds:
- If you are holding the Passport wrongfully
- If you obtained the Passport fraudulently by provision of incorrect information. In such a case, if you obtain another Passport, that Passport will also be impounded/revoked.
- If the Passport authority deems it necessary revoke/impound your Passport the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public
- If you have been convicted of an offence and have been sentenced to imprisonment of at least 2 years, at any time after the issue of the Passport
- You have committed an offence and criminal proceedings are pending before a Court,
- If you have breached any of the conditions of the Passport
- If you have failed to surrender your Passport after the Passport authority has cancelled your endorsement
- If a warrant or summons for the appearance, or a warrant for the arrest, of you has been issued by a court under any law
- If a Court has passed an order prohibiting your departure from India.
When do I need to surrender my Passport?
You must surrender your Passport in the following circumstances:
- You have been repatriated at the expense of the Government of India. In such a case, you must apply for an Emergency Certificate to return to India, which also must be surrendered on return.
- You have taken the citizenship of another country.
- Your Passport has been revoked or impounded.
What happens if I fail my driving test?
The driving test certifies your ability to safely drive and handle a motor vehicle. If you fail the test, you can take it again after 7 days. If you fail your driving test 3 times, you cannot take it again for the next 60 days from the date of your last test. This may vary across states.
When can my application for passport be refused?
Your application for a Passport may be refused on the following grounds:
- You are not a citizen of India,
- You may, or are likely to, negatively impact the sovereignty or integrity of India, outside the country, or your presence outside India may be detrimental to friendly relations between India and other countries, or your departure from India may, or is likely to, be detrimental to the security of India,
- You have been convicted of an offence and have been sentenced to imprisonment of at least 2 years, within 5 years of making this application,
- You have committed an offence and criminal proceedings are pending before a Court,
- A Court has issued a warrant or summons for the appearance, or a warrant for the arrest, with respect to you under any law,
- A Court has passed an order prohibiting your departure from India.
- You have been repatriated and have not reimbursed the expenditure incurred,
- Issuing you a Passport will not be in public interest, in the opinion of the Central Government of India.
What happens to the citizenship of my children if I renounce my Indian citizenship?
If you give up your Indian citizenship, any minor children (i.e. any children that you have who are below the age of 18) that you have will also cease to be Indian citizens.(( Section 8(2), Citizenship Act, 1955)) However, if the citizenship of your minor children is revoked, he may, within one year of turning 18 years old, make a declaration that he wishes to be an Indian citizen, and his Indian citizenship shall be resumed. However, if your children are majors, they will continue to be Indian citizens.
Can there be dual citizenship in India under any circumstances?
No, there is no provision in India for acquiring dual citizenship. You have to renounce your citizenship, and surrender your Indian Passport,(( Section 9, Citizenship Act, 1955)) before taking another country’s citizenship, and failure to do so is an offence. For example, you cannot hold an Indian Passport and an American passport at the same time.
How can I track the status of my Voter ID application online?
You can enter your reference ID and track the status of your application here.