The Passports Act, 1967
The Passports Act, 1967
Overview
The Passports Act, 1967 is an Indian law that governs the issuance, renewal, and regulation of passports and travel documents. It empowers the government to control the movement of Indian citizens abroad and regulates the use of passports.
It consolidates and amends the laws relating to passports.
It is aimed at granting, refusing, or impounding passports and safeguarding the sovereignty and security of India.
Objectives of the Act
To regulate the issuance and revocation of passports.
To ensure that Indian citizens carry valid travel documents.
To empower authorities to deny or revoke passports for reasons including security, public order, or criminal investigation.
To prevent misuse of passports and travel documents.
Key Provisions
1. Definition of Passport and Travel Document (Section 2)
Passport means the travel document issued under the Act certifying the identity and nationality of the holder.
Travel documents include certificates of identity, emergency certificates, or other documents that allow travel.
2. Issuance of Passports (Sections 3-6)
Passport Officers are empowered to issue passports to Indian citizens.
Application procedures, forms, fees, and conditions are regulated.
Passports can be issued for varying periods as specified.
3. Refusal of Passport (Section 10)
Passport authorities can refuse to issue a passport if:
The applicant is under investigation for a criminal offense.
Passport issuance is not in the interest of the sovereignty and security of India.
Passport would be prejudicial to public order or morality.
The applicant has not discharged any financial liabilities to the government.
Refusal must be communicated with reasons.
4. Revocation and Suspension of Passports (Sections 11-14)
Passports can be revoked or impounded if:
The holder obtained it by fraud or misrepresentation.
The holder is involved in activities harmful to the sovereignty or security of India.
The holder violates terms and conditions.
Authorities can suspend passports temporarily during investigations.
5. Emergency Certificates and Other Travel Documents (Section 15)
Issuance of certificates for persons who do not have passports but need to travel abroad.
Useful for stateless persons or in emergency situations.
6. Penalty Provisions (Section 26)
Penalties for offenses like:
Fraudulent use of passports.
Forging or counterfeiting passports.
Using passports for unlawful purposes.
Punishable by fines or imprisonment.
Important Concepts
Sovereignty and Security: The Act allows the government to deny passports if issuing them threatens national security.
Public Order and Morality: Passports may be denied or revoked to maintain public order or protect morality.
Right to Travel: While the right to travel abroad is not absolute, it is subject to reasonable restrictions under this Act.
Relevant Case Law
1. Satwant Singh Sawhney v. D. Ramarathnam, AIR 1967 SC 1836
Issue: Whether the right to travel abroad is a fundamental right under the Constitution.
Held: The Supreme Court held that the right to travel abroad is part of the personal liberty under Article 21, but it is subject to reasonable restrictions under law, such as the Passports Act.
Significance: Confirmed that passports can be refused or revoked based on valid legal grounds.
2. Union of India v. Raghuramaiah, AIR 1989 SC 184
Issue: Whether the government can revoke passports for national security.
Held: The Court held that the government has the power to revoke passports if issuing the passport would jeopardize national security or sovereignty.
Significance: Validated the broad discretionary powers under the Act for safeguarding national interest.
3. K. Jayadev v. Union of India, (2004) 5 SCC 778
Issue: Suspension of passport pending inquiry.
Held: The Supreme Court ruled that passports can be suspended temporarily as a precautionary measure but must be done following principles of natural justice.
Significance: Introduced safeguards to prevent arbitrary suspension.
4. Binoy Viswam v. Union of India, (2016) 9 SCC 687
Issue: Delay in issuing passports.
Held: The Court emphasized that undue delay in issuance of passports infringes on personal liberty and must be avoided.
Significance: Reinforced timely exercise of power under the Act.
Summary Table
| Aspect | Details |
|---|---|
| Enacted | 1967 |
| Purpose | Regulate issuance, refusal, and revocation of passports |
| Authority | Passport Officers, Ministry of External Affairs |
| Grounds for refusal | Security, public order, morality, fraud, criminal cases |
| Rights involved | Right to travel abroad subject to reasonable restrictions |
| Penalties | Fines, imprisonment for misuse or forgery |
| Important Cases | Satwant Singh Sawhney, Union of India v. Raghuramaiah |
Conclusion
The Passports Act, 1967 balances an individual's right to travel with the state's need to protect sovereignty, security, and public order. Courts have upheld the government's discretionary power but insist on procedural fairness and adherence to constitutional guarantees.
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