Passport India Act and Rules
Introduction to the Act
The Indian Passport Act, which was passed in 1920 and renamed “The Passport (Entry into India) Act, 1920”, is still in effect, and it requires that all persons entering India have passports in their possession. The Ministry of Home Affairs is in charge of the administration of this act. It was determined that the ability to travel and go abroad is a fundamental right protected by Article 21 of the Constitution, which provides the right to life and the right to personal liberty.
The Supreme Court of India has ruled that a law should be enacted to oversee the issuance of passports in order to prevent arbitrariness. In 1967, the Passports Act was passed as a result of this decision. The passport regulations were first published in 1980 and revised in 2006.
Classes of Passports
There are three types of passports:
Regular Passport: It features a navy-blue cover, just like a regular passport. It is also called an ordinary passport because it is only provided for routine travel purposes such as vacations and business trips. It is a type ‘P’ passport, with the letter P denoting personal information.
Diplomatic Passport: It is a maroon-coloured passport which is provided to individuals who have diplomatic status or who have been deputed by the Indian government to perform official duties overseas. It is a type ‘D’ passport, with the letter D denoting diplomatic status. Diplomatic passports are typically provided to officials of the International Security Assistance Force (IAF) and officers of the Ministry of External Affairs.
Official Passport: The official passport has a white cover and is provided to those who are authorised to represent the Indian government on official business in the country. It is generally distributed to officers of the Reserve Bank of India, officials of government ministries, and so on. It is a type ‘S’ passport, where the letter S stands for ‘Service.’
Document Required for Issuance of a Passport
- If a person is over the age of adulthood and is a citizen of India by birth, proof of current address, proof of date of birth, and documentary proof for any of the non-ECR categories are all necessary.
- In addition to the previously mentioned documents, if a person is descended from an Indian citizen, he or she must submit either a birth registration certificate issued by the Indian embassy, high commissioner, or consulate, or an old passport in original or a passport of parents with a new name in original, in addition to the previously mentioned documents.
- In the case of a person who has become a citizen of India through registration, a citizenship certificate issued by the Ministry of Home Affairs is required in addition to the other documents listed above.
- If the citizen is a minor, the present address evidence of the citizen’s parent(s) as well as original and self-attested copies of the citizen’s parent’s passport, if the citizen’s parents have passports, are also necessary.
- Water/electricity/telephone bills, proof of gas connection, an Aadhar card, and a lease agreement are all acceptable forms of identification as proof of residence. Birth certificates, matriculation certificates, Aadhar cards, PAN cards, and driving licences are all accepted forms of identification as proof of date of birth.
Process for Application of New Passport
It is possible to submit an application for a passport online through this portal: https://portal2.passportIndia.gov.in/AppOnlineProject/online/procFormSubOnl
You should first register online and then log in with your registration id. Then, the user must make a decision between applying for a new passport or reissuing their existing passport. After submitting the form, you will be required to make an online payment. Then, on the day of the appointment, the application receipt with the appointment number must be shown at the passport seva kendra, together with the original documents.
On What Grounds Can the Passport Authority Refuse your Passport Application?
It is possible that the passport authorities will refuse to grant passports on certain grounds such as:
- If the applicant’s presence in such country may, or is likely to, engage in activities that are detrimental to India’s sovereignty and integrity, or
- If the applicant’s presence in such country may, or is likely to, be detrimental to India’s security, or
- In the event that the applicant’s presence in such a country may, or is likely to, harm India’s friendly ties with that or any other country, or
- If, in the opinion of the Central Government, the applicant’s presence in such country is detrimental to India’
Can a Passport Holder Travel to All Countries?
No, a passport or other travel document is required for entry into such a country.
When travelling to, or visiting, a country that is committing external aggression against India; or that is assisting the country that is committing external aggression against India; or where armed hostilities are taking place; or when visiting a country to which travel must be restricted for the public’s benefit, the passport or visa will cease to be valid until a special endorsement in that behalf is made in the prescribed form by an authorised representative of that country.
On What Grounds Can a Passport be Revoked?
If the passport authority issues a written notice to its customers, they may order them to surrender their passports or travel documents to them within a set period of time. The customers must comply with the notices issued by the passport authority. The following are the conditions for the impounding or revocation of a passport:
- When a passport holder is found to be in unlawful possession of the passport;
- When a passport is obtained by concealing material information or providing incorrect information;
- If the issuance of passport can possess harm to the country in any way;
- When a passport holder is found to be in unlawful possession of a travel document; or
- When a passport holder is found to be in unlawful possession
The punishment for the different offences listed is either imprisonment for a term that may last up to two years or a fine that may be as high as five thousand rupees, or a combination of the two. Those who are not citizens are subject to imprisonment for a period of not less than one year, which may be increased to five years, as well as a fine of not less than ten thousand rupees, which may be increased to fifty thousand rupees, if they violate the law.
If a person who has been convicted of an offence under this act is convicted again, he or she will be subject to a penalty equal to twice the amount of the first penalty.