This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.
Introduction
The right to a passport has been recognised as part of the fundamental right to life and personal liberty under Article 21 — Maneka Gandhi v. Union of India, (1978) 1 SCC 248. The Passports Act, 1967 governs application, refusal, impoundment, and revocation. This article covers the application procedure, the common grounds for rejection and impoundment, the look-out circular (LOC) framework, and the legal remedies — appeal to the Central Government under Section 11 and writ petition to the High Court under Article 226.
Governing Law — The Passports Act, 1967
The primary statute is the Passports Act, 1967 (Act No. 15 of 1967). The Act is supplemented by the Passport Rules, 1980 and the Passport (Entry into India) Act, 1920 (for re-entry documents). The Ministry of External Affairs (MEA) administers passport services through the Passport Seva Kendra (PSK) network, which is managed by a private service partner under MEA supervision.
Types of Indian Passports and Travel Documents
| Type | Colour | For Whom |
|---|---|---|
| Ordinary Passport (Type P) | Navy blue | Regular citizens |
| Official Passport (Type S) | White | Government officials travelling on official duty |
| Diplomatic Passport (Type D) | Maroon | Diplomats and senior government officers |
| Emergency Certificate | — | One-time travel document for stranded Indians abroad |
This article focuses on the ordinary (Type P) passport for regular citizens.
How to Apply for a Passport
Step 1 — Online Application via Passport Seva Portal
The application is filed online at https://passportindia.gov.in, the official Passport Seva Portal. The applicant creates an account, fills in the application form (Form 1 for fresh/re-issue), and uploads supporting documents.
Documents required for a fresh passport (general category):
- Date of Birth proof — birth certificate, school leaving certificate, or any of the documents listed in Schedule B of the Passport Rules.
- Address proof — Aadhaar card, Voter ID, electricity/water bill, bank passbook with photo.
- Identity proof — Aadhaar, Voter ID, PAN card, driving licence.
- Photograph — recent colour photo (ICAO standard specifications as updated on the portal).
For Tatkal (expedited) applications, verification documents are more stringent and an annexure from a Gazetted Officer may be required.
Step 2 — Schedule an Appointment at the Passport Seva Kendra
After online submission, the applicant schedules an appointment at the nearest PSK or Post Office Passport Seva Kendra (POPSK). In Lucknow, the PSK is located at the Passport Office, and multiple POPSKs operate at major post offices in the district.
Step 3 — Biometric and Document Verification at PSK
At the PSK appointment, the applicant submits original documents for verification, has biometrics captured, and completes the application. The application is then forwarded for police verification.
Step 4 — Police Verification
This is the step where most delays occur. The police station in the applicant’s jurisdiction conducts a verification of the applicant’s address and antecedents. Under the Passport Rules, 1980, police verification may be:
- Pre-verification (before the passport is issued), or
- Post-verification (passport is issued first, then verified — typically for Tatkal applications and for applicants who are government servants, defence personnel, etc.).
An adverse or incomplete police verification report can result in delay or rejection of the passport application.
Rights of the applicant during police verification:
- The verification officer must appear at the stated address; the applicant need not go to the police station for this purpose in routine cases.
- Bribery by verification officials is a criminal offence. Complaints may be made to the Regional Passport Officer or the Vigilance section of the State Police.
Step 5 — Issuance
Once police verification is complete and the Passport Officer is satisfied, the passport is dispatched by Speed Post to the applicant’s registered address. The applicant can track the status on the Passport Seva Portal using the File Reference Number.
Common Grounds for Rejection
Under Section 6 of the Passports Act, the Passport Authority may refuse to issue a passport to a person:
- Who has not submitted the required information or has submitted false information.
- Against whom a warrant of arrest or a look-out circular (LOC) has been issued by a court or the police.
- Who is the subject of criminal proceedings and the court has directed impoundment.
- Whose activities are prejudicial to the sovereignty, integrity, or security of India, or to friendly relations with foreign states.
- Who is likely to engage in activities prejudicial to public interest.
A rejection must be communicated in writing with reasons, and the applicant has a right to appeal.
Impoundment and Revocation of Passport
Grounds for Impoundment (Section 10, Passports Act)
A passport may be impounded (physically taken away) or its use suspended by the Passport Authority on the following grounds:
- The holder is being tried for a criminal offence under any Act.
- Proceedings under the Foreigners Act, 1946 have been initiated against the holder.
- The holder’s presence in India is required in connection with any matter.
- The impoundment is necessary in the interests of the sovereignty, integrity, security, or friendly relations of India, or in the interests of the general public.
In addition, where a court orders impoundment of a passport as a condition of bail, the Passport Authority acts on such court order.
Revocation of Passport (Section 10(3))
A passport is revoked (cancelled) on grounds more serious than impoundment — for example, if the passport was obtained by fraud, misrepresentation, or suppression of material information. Upon revocation, the holder must surrender the passport.
Look-Out Circular (LOC)
An LOC is an administrative direction issued by the police or court to airports, seaports, and land borders, directing immigration authorities to stop, detain, or question a named person if they attempt to travel. An LOC is distinct from an impoundment — the passport may remain with the holder, but travel is prevented.
Several High Courts have examined the LOC framework — including the Bombay and Delhi High Courts — and have repeatedly emphasised that an LOC, being an administrative restriction on personal liberty, must rest on tangible material and follow the procedure laid down in the Office Memoranda issued by the Ministry of Home Affairs. Courts have set aside LOCs where they were issued without recorded reasons or against persons who were not the subject of any pending investigation. Practitioners should check the most recent High Court and Supreme Court rulings on LOC procedure, as this is an evolving area.
Legal Remedies Against Impoundment or Rejection
1. Appeal to the Appellate Authority
Under Section 11 of the Passports Act, a person aggrieved by an order of refusal, impoundment, or revocation may appeal to the Central Government (i.e., the Ministry of External Affairs) within a specified time. The appeal must be in writing, state the grounds of challenge, and attach a copy of the impugned order.
2. Writ Petition to the High Court
As the passport right flows from Article 21 (right to life and personal liberty), a person whose passport is wrongly impounded may file a Writ Petition under Article 226 of the Constitution before the High Court seeking a writ of mandamus or certiorari to quash the impoundment order and direct restoration of the passport.
Courts have consistently held that impoundment of a passport amounts to a restriction on personal liberty, and the authorities must act in accordance with law, provide reasons, and not act arbitrarily.
Key cases:
- Maneka Gandhi v. Union of India, (1978) 1 SCC 248 — The Supreme Court held that the procedure for impoundment under Section 10(3)(c) must be fair, just, and reasonable, and not arbitrary; the holder must be given an opportunity to be heard and reasons must ordinarily be furnished. The right to travel abroad is part of “personal liberty” under Article 21.
- Suresh Nanda v. CBI, (2008) 3 SCC 674 — The Supreme Court drew the distinction between “impounding” of a passport under Section 10 of the Passports Act and “seizure” under the Code of Criminal Procedure, holding that a criminal court does not have the power to impound a passport indefinitely; impoundment must be by the Passport Authority following the procedure of the Passports Act.
3. Approaching the Regional Passport Officer
In cases of delay (not outright refusal), the applicant may approach the Regional Passport Officer (RPO) at the Passport Office. Many RPO offices now have grievance redressal mechanisms, including Passport Mela camps in districts.
Helpline: 1800-258-1800 (toll-free, Ministry of External Affairs Passport Seva helpline).
Special Situations
Passport for Minor Children
Parents applying for a passport for their minor child must submit both parents’ consent (Form 3 of the Passport Rules, 1980). In case of a dispute between separated or divorced parents about the child’s passport, the court having custody of the child may pass orders directing or restraining the issuance of the passport.
The Supreme Court has held that taking a child abroad without the other parent’s consent (or court permission in custody disputes) may constitute contempt of court, and courts regularly direct impoundment of minor children’s passports pending custody proceedings.
Passport During Criminal Proceedings
Where a person is accused of a criminal offence, courts frequently make surrender of passport a condition of bail. The person must deposit the passport before the concerned court and cannot travel abroad without obtaining specific permission from the court. Violation of this condition is a ground for cancellation of bail.
NRI Emergency Certificate
An Indian citizen stranded abroad (passport lost or expired) may approach the nearest Indian Mission for an Emergency Certificate (EC), which allows one-time travel to India. The EC is issued under the Passport (Entry into India) Act, 1920 and is valid for a single journey only.
Important Points to Remember
- The right to a passport is part of the fundamental right to life under Article 21 — impoundment without due process is unconstitutional.
- If police verification is delayed beyond the prescribed period, the applicant may escalate to the Regional Passport Officer or file a grievance on the Passport Seva Portal.
- An impoundment or revocation order must be in writing with reasons — oral impoundment has no legal validity.
- Depositing the passport as a bail condition is binding; travel without court permission is a serious violation that can result in bail cancellation and arrest.
- Passport applications must be filed truthfully; suppression of pending criminal cases is treated as misrepresentation and can lead to revocation of the issued passport.
Useful Resources
- Passport Seva Portal — Official Passport Application
- Ministry of External Affairs — Passport Helpline: 1800-258-1800
- Passport Seva Kendra — Appointment Booking
- Indian Kanoon — Passports Act Case Law
- Maneka Gandhi v. Union of India — Full Judgment
Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.