Summary of Passport Manual (Extracted Chapters)
1. Evolution of Passports in India
- Defence of India Act, 1915: First requirement for passports during WWI.
- Indian Passport Act, 1920: Made possession of passports mandatory for entry into India. Still in force as the Passport (Entry into India) Act, 1920.
- Post-Independence: Passport issuance became a Central subject under the Constitution, initially handled by State Governments until 1954.
- Regional Passport Offices: First five offices set up in 1954 (Mumbai, Kolkata, Delhi, Chennai, Nagpur).
- Passports Act, 1967: Enacted after Supreme Court ruling in Satwant Singh Sawhney vs. Government of India (1966) to avoid arbitrariness.
- Amendments: Made in 1978, 1993, and 2001.
- Passport Manual: Originated in 1949, consolidated in later years (1959, 1983, 2001).
- Central Passport Organisation (CPO): Established under MEA, with 37 offices and 89 Passport Seva Kendras (as of 2016).
- Passport Seva Project (2010): E-governance initiative in PPP mode with Tata Consultancy Services to modernize passport services.
2. Passports and Travel Documents – Essentiality, Definition, and Classes
- Mandatory Possession: All Indian citizens must hold a valid passport/travel document to depart India.
- Exemptions: Certain categories exempted (e.g., Indians/Nepalese to Nepal, Indians/Bhutanese to Bhutan, armed forces on duty, hill tribes near Myanmar border).
- Classes of Passports:
- Ordinary
- Diplomatic
- Official
- Classes of Travel Documents:
- Emergency Certificate (for entry into India)
- Certificate of Identity (to establish identity)
- Other prescribed documents
- Named Country Passports: Once issued for travel to Bangladesh/Sri Lanka, now discontinued.
- Passports to Non-Nationals: Can be issued under Section 20 of the Passports Act, but only by Central Government or delegated missions (e.g., Yangon, Bangkok).
3. Change of Entries in Passports
- General Rule: Any change in personal particulars requires a new passport booklet.
- Clerical Errors: Can be corrected under Section 21 of the General Clauses Act, 1897.
- Change of Name:
- Complete Name Change: Requires sworn affidavit (Annexure E), newspaper publication, or Gazette notification.
- Minor Changes: Spelling corrections, rearrangements, or surname additions (with documentary proof).
- Marriage/Divorce/Remarriage: Requires marriage certificate, divorce decree, or death certificate of spouse.
- Foreign Divorce Judgments: Not valid unless authenticated by Indian courts (Y. Narasimha Rao vs. Y. Venkata Lakshmi, 1991).
- Adopted Children: Passport entries must align with adoption orders or valid adoption deeds.
- Other Changes Allowed: Parent’s name, date/place of birth, sex, appearance, address, signature.
- Repeated Name Changes: Only one complete name change allowed; subsequent changes require stronger proof.
Legal Takeaways
- The Passports Act, 1967 is the cornerstone of Indian passport law.
- Annexures and affidavits play a crucial role in changes to passport entries.
- Judicial oversight is required in cases of abandonment, custody disputes, or foreign divorce recognition.
-
The Passport Seva Project modernized services, but procedural rigidity still creates challenges for NRIs and custodial parents.
