Election Commission of India vide its letters dated 07.02.2014 & 08.12.2014 have directed Chief Electoral Officers of all States/Union Territory Administrations to determine the citizenship of persons born in India as per the provisions of section 3(1)(a) & 3(1)(b) of the Citizenship Act, 1955 for enrolment.
The Central Government had issued instructions in 2010 that all Tibetan Refugees born in India irrespective of the year of their birth would not automatically become Indian Citizens by birth under section 3(1)(a) of the Citizenship Act, 1955 unless they get themselves registered with the Government under section 5 of the Act. The Passport Authorities are, therefore not processing their applications for issue of passports but are considering them only for issue of Travel Documents in the form of Certificate of Identity, treating them as stateless persons settled in India. However, such persons are being issued Indian Passports on the directions of Courts.