Introduction to Passport Act and Impounding a passport

The Passport is an official document which is being issued by a government, it holds the holder’s identity and citizenship and gives them the right to travel under its protection to and from foreign countries. The Indian Passport Act came into force to regulate the free movement of citizens going out of this country. Article 19 of the Constitution mentions the right to free movement as a fundamental right, and restricting it is considered a violation of Article 14 of the Constitution. The Passports Act was created to regulate by not allowing those who may hamper the sovereignty and integrity of the country.

The entire procedure for making an Indian passport is computerized and the formalities are online now by the Ministry of foreign affairs of India. Then also people are facing lots of issues and delays in making their fresh and valid passports. The main problem with the delay in issuing a fresh passport is due to lots of applications which is for police verification at concerned police stations. People prefer local consultants and agencies for making their new Indian passport which can be done easily by them without paying any extra charges.

Table of Contents

What is Passport

An Indian passport is a passport that is issued by an order of the President of India to Indian citizens for the purpose of international travel. It enables the holder to travel internationally and serves as proof of Indian citizenship as per the Passports Act, of 1967. In India, passports are being issued by the Passport Seva Kendra.

Passport seva Kendra It is the online portal of the Passport Office where after filling up all the relevant details; the user is then directed to visit his nearest Regional Passport Office to complete the rest of the documents. Indian passports are being issued at 93 passport offices which are located across India and at 162 Indian diplomatic missions which is abroad. The Passport Act, of 1967 was enacted and came into existence on 5^th May 1967 by the parliament of India for dealing with the issuance of passports and other travel documents.

Origin of Passport Act

The Indian Passport Ordinance of 1967, which was passed amid a time of political unrest and economic uncertainty in India, is where the Passport Act, of 1967, had its start. The Indian government was under increasing pressure to stop illicit immigration and regulate border crossings. To stop criminals and undesirables from entering or leaving the country, the law sought to establish a legislative framework for passport issuance and international travel regulations. The older ordinance was replaced by the Passport Act, 1967, which also defined the fees to be paid, background checks to verify identity, and identity verification. It also described the privileges and obligations of Indian nationals travelling overseas, such as prohibitions on travel during times of political instability and the requirement to obey local laws. The legislation has emerged as a pillar of Indian citizens’ rights, allowing them to travel and interact with the global community while preserving the security and interests of their nation.

The impact of technological advancements on passport issuance

The issuing of passports has been significantly impacted by technological improvements, which have streamlined the procedure and increased security. Digital photography and biometric scanning have made it possible to issue passports more swiftly and accurately. At international borders, electronic passport readers have also been implemented, cutting wait times and improving efficiency. The adoption of online application tools has simplified the process for citizens to submit passport applications and follow their status. Furthermore, the use of electronic chips containing personal data and biometric information in e-passports has improved security. Online verification programmes are also used to stop fraud and counterfeiting. Travellers now have more convenience and security thanks to the greatly improved passport issue process brought about by technology improvements.

The role of passports in shaping national identity– Being a sign of citizenship and identification, passports are a key component in forming a country’s identity. A passport not only certifies the identification of the issuing country and grants legal permission to travel abroad. A passport’s layout, tone, and wording are frequently carefully chosen to reflect the national identity and foster a sense of community among citizens.

Moreover, the history and cultural heritage of a country are frequently connected with passports. For instance, the Indian passport has a page with the national anthem and Constitutional quotations, but the US passport has pictures of well-known American locations. Additionally, having a passport may affect how someone is regarded abroad and even how successful their travels are. Some passport holders from particular nations may experience bias or discrimination, while others may have more access to and benefits. Nevertheless, by requiring citizenship proof and adherence to specific legal and moral standards, the passport application procedure can also influence national identity. Passport criteria, such as language proficiency or familiarity with history and culture, can strengthen a sense of national identity among residents.

In general, passports are a crucial component of national identity and have a big impact on how people see themselves and their nation.

The Unusual Stories Behind Passport Issuance

The passport issue has its share of peculiar tales, from strange requests to surprise findings.

One of these tales is about a Frenchman who attempted to enter Spain using a chicken as a passport. The man, who had misplaced his passport, thought it would be a good idea to sketch a passport and tape it on a chicken. The officials were obviously not amused, and the individual was refused entry. Another tale tells of a group of Indian villagers who stumbled upon a cache of vintage British passports tucked away in a wall. The 1940s-era passports were discovered in a classroom and are thought to have been secreted by British officials during India’s struggle for independence. In another case, a British woman was denied a passport because her portrait was deemed too similar to her beloved dog. The woman had to take a new photo after the passport office repeatedly rejected the first one.

These strange examples serve to emphasise the value of passports as proof of identity and as a permit for travel. Passports continue to be an essential component of contemporary foreign travel, notwithstanding the occasional unexpected request or strange discovery.

The future of passport issuance in India

The government’s efforts to increase the process efficiency and security will likely result in significant changes to the way passports are issued in India in the future. The execution of the Passport Seva Project, which seeks to update and digitise the passport application and issue system, is one significant advancement. To simplify the passport issue process, this initiative will integrate a number of technologies, including biometric identification, digital payment systems, and mobile applications.

In addition, the government is examining the prospect of issuing e-passports, which would integrate biometric information and computer chips for improved security. This would bring India into line with other nations, like the US, Canada, and Australia, that have already adopted e-passports. Passport kiosks at airports, which would enable travellers to apply for and acquire their passports immediately, are another prospective development. Travellers would benefit from shorter wait times and better convenience as a result.

Overall, the future of passport issuance in India appears bright as attempts are made to increase the process efficiency and security.’ Not only will tourists benefit from these changes, but the nation’s security and identity will also be strengthened.

Importance of passport

If anyone is planning to visit any foreign country which is outside India then in that case they need a valid passport for legal procedures.
It is the main travel document to travel outside India.
A visa is a kind of stamp in the passport booklet to stay in a foreign country for a particular period of time.
A passport is considered to be the identification of the citizenship of the passport holder.
It can also be used as a residence or identity proof.

Eligibility For Making an Indian Passport

Any Indian Citizen is eligible for making a passport with no age limits. If the guardian has a valid Indian passport then Child’s passport can be made on a legal self-affidavit.

Proof of address with any one of them attached with them Like ration card, telephone bill, electricity bill etc.
Proof of date of birth with any one of them attached with them like a Birth certificate issued by municipal Authority, a date of birth certificate from the school last attended by the applicant.
Citizenship Document if the applicant is a citizen of India by Registration or Naturalization.
The Government/Public Sector/Statutory body employees should submit an original “Identity Certificate”.

Classification of passport as per colour

Under section 4(1) of the Indian Passport Act,1967 passports are classified into three categories based on their colour:-

DARK BLUE:- regular and urgent passports are both for Indian ordinary citizens.
WHITE:- These are issued for people who are going to a foreign country for any task or work offered by the government of India.
MARRON:- These are issued for Indian diplomats and senior government officers of India.

Impounding a Passport

Section 10(3) talks about the conditions during which a passport is impounded:-
Section 10(3)(a) talks about if the passport authority is satisfied that the passport holder or travel document is in wrongful possession.
Section 10(3)(b) talks about when it is obtained through fraud or misrepresentation.
Section 10(3)( c) talks about if the Passport Office deems it necessary, for preserving friendly relations with other nation-states.
Section 10(3)(d) talks about when a holder of a passport has been convicted of a crime carrying imprisonment over 2 years.
Section 10(3)( e) talks about when there is an ongoing criminal proceeding against the passport holder.
Section 10(3)( f) talks about if any conditions of the issue of a passport have been contravened.
Section 10 (3)( g) talks about the failure to comply with notices served under sub-section (1).
Section 10 (3) ( h) talks about when it is brought to the notice of the Passport office that a warrant for arrest or an issue of summons has been made against the passport holder.

Case Laws on Rejection of Passport

SWAPNA SIJU Vs UNION OF INDIA( 21 St Dec ,2009)

In this case, the High Court of Kerala at Ernakulam talked about the rejection of a passport for renewal where the petitioner had once given wrong information on her Date of Birth.

ASHUTOSH AMRIT PATNAIK Vs STATE OF ORISSA AND ORS( 23^rd Dec 2022)

The Orissa High Court has held that only the pendency of criminal cases cannot be the sole ground to deny renewal of the passport of a person.

Rules and Regulations Regarding Registration in Property Investment

Conclusion

The passport is an essential document for the individual because it is the only form of identification which is accepted. As mentioned in my blog, the document holds the holder’s identity and citizenship. A passport is a formal document which is issued by an authorized official of a country to its citizens that is necessary to go to another country and come back into the country. It allows the citizen to travel to a foreign country according to visa requirements. When you want to travel outside India the first piece of paper you are going to need is a passport. It is the document that establishes your identity as an Indian citizen and has all the visas stamped in it. Not only it is a travel document, but it can also even be used as proof of identity or address.

Suggestions

The suggestion is to improve the process of passport-making.

The online application form needs in it a lot of improvements. It includes a huge amount of technical language which should be changed.
There should be more transparency in the system as people found some sort of corruption in passport offices.
The interview round in the passport office should be short, easy and transparent. There should be less time consumption. Sometimes few people get nervous in this round and give wrong information to officers.

References