The Passports Act

The Passports Act, 1967
An Act to provide for the issue of passports and travel documents, to regulate the departure from India of citizens of India and for other persons and for matters incidental or ancillary thereto.
Citation Act 15 of 1967
Enacted by Parliament of India
Date commenced 5 May 1967
Related legislation
The Citizenship Act, 1955

The Passports Act is an act of the Parliament of India "for the issue of passports and travel documents, to regulate the departure from India of citizens of India and for other persons and for matters incidental or ancillary thereto." The Act applies to whole of India extending to citizens of India living outside the country. The Act replaced the Indian Passport Ordinance 1967 and was enacted by Act 15 of 1967 with retrospective effect from 5 May 1967. The act describes the procedures in getting an Indian passport.

In conformity with Article 9 of Indian Constitution, the Act does not allow dual citizenship. Under Section 12 of the Act, a person must surrender his passport if he has acquired the citizenship of foreign country.

Background

In Satwant Singh Sawnhey v. Union of India, the Supreme Court has held that a right to travel is a Fundamental right under Article 21 of Indian Constitution and the government has no right to refuse a passport to a person who has applied for the same.[1] It thus became necessary to regulate the issuance of passport and travel documents by law. Prior to the act, the government had issued passports in exercise of its executive power on foreign relations.

As, the Parliament was not in session at that time, the President of India promulgated an ordinance namely "The Indian Passport Ordinance, 1967 (4 of 1967)".[2] The aforesaid act was passed to replace the ordinance.

Classes of passports and travel documents

The following classes of passports are issued under this act

The following classes of travel documents may be issued under this act

Impounding of passport

The passport authority may impound or cause to be impounded or revoke a passport or travel document:--

Restriction on granting passport

The passport authority or central shall refuse to issue passport on any one or more of the following grounds, and no other ground

See also

References

  1. "The Passports Act, 1967". Books.google.co.in. 2001-07-27. p. 3. Retrieved 2016-02-08.
  2. "The Passports Act, 1967" (PDF). Passportindia.gov.in\accessdate=2016-02-08.
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