“The Passport (Entry into India) Act, 1920 and the Passport Act, 1967: Legal Mechanism to Control Immigration”

Introduction 

Immigration control lies at the very heart of sovereignty. A state’s power to decide  who may enter, stay, or leave its territory is an essential attribute of nationhood.  The ability to regulate such mobility becomes even more critical in a world facing  challenges of terrorism, illegal migration, human trafficking, refugee crises, and  globalization. 

In India, two legislations form the backbone of the immigration framework: The  Passport (Entry into India) Act, 1920 and the Passport Act, 1967. While the  former, enacted in colonial times, regulates the entry of foreigners into India, the  latter governs issuance, regulation, and revocation of passports for Indian  citizens. Together, these Acts remain vital legal instruments for balancing  national security concerns with fundamental liberties such as the right to travel  abroad. 

This article undertakes a comprehensive exploration of these two Acts, tracing  their historical roots, analyzing statutory provisions, engaging with landmark  judicial pronouncements, situating them within comparative frameworks, and  reflecting on their contemporary relevance. It further identifies problems in the  current regime and proposes reforms for a more modern and consolidated  immigration code. 

Historical Evolution of Passport Laws 

1. Early Passport Practices in Ancient and Medieval India 

Although formal passport legislation is a colonial-era phenomenon, historical  records reveal that rulers in Mauryan and Mughal periods required forms of  travel authorization for movement across kingdoms. Ancient texts such as the  Arthashastra mention the role of “mudrā” (seal or token) for safe passage.  Mughal emperors similarly issued royal farmans (edicts) permitting merchants,  pilgrims, or envoys to cross territories. 

Thus, the concept of regulating cross-border travel was not alien to India,  though it lacked codified legal structure.

2. British Colonial Era and World War I 

By the late 19th and early 20th century, the British administration in India grew  increasingly concerned with regulating foreign entry. The outbreak of World  War I heightened fears of infiltration, espionage, and revolutionary movements.  The global passport system was formalized at the League of Nations Passport  Conference (1920), coinciding with the enactment of India’s Passport (Entry  into India) Act, 1920. 

The Act mirrored global developments, requiring foreigners to carry valid  passports and visas, marking India’s first statutory step in immigration regulation.

3. Post-Independence Landscape 

Following independence, India was immediately confronted with Partition  migration, which caused one of the largest human displacements in history.  Millions crossed into India from Pakistan, creating complex demographic and  administrative challenges. 

Initially, the 1920 Act remained the primary tool for regulating entry, but the  absence of a domestic passport law for Indian citizens was exposed. This gap  was addressed by the Passport Act, 1967, enacted in response to judicial  recognition of the right to travel abroad. 

Interplay with Other Immigration Laws 

India’s immigration framework is not limited to the Passport Acts. Several related  legislations form a network: 

∙ The Foreigners Act, 1946 – Empowers the government to regulate the  presence of foreigners in India, including deportation. 

∙ The Registration of Foreigners Act, 1939 – Requires certain classes of  foreigners to register with local authorities. 

∙ The Citizenship Act, 1955 – Governs acquisition and loss of Indian  citizenship, which directly affects passport eligibility. 

Together, these laws supplement the 1920 and 1967 Acts to regulate entry, stay,  and departure comprehensively.

The Passport (Entry into India) Act, 1920 

Key Objectives 

∙ To control the entry of foreigners into India. 

∙ To empower the government to make rules regarding visas, exemptions,  and penalties. 

∙ To ensure national security during times of political instability. Provisions 

∙ Section 3 – Central Government’s power to mandate passports. 

∙ Penalties – Entry without valid passport can lead to imprisonment and/or  fine. 

∙ Exemptions – Diplomats, friendly foreign officials, and categories notified  by the government. 

Judicial Context 

In Hans Muller of Nuremberg v Superintendent, Presidency Jail, the Supreme  Court emphasized that foreigners do not have a fundamental right to enter  India, reinforcing the Act’s constitutional validity. 

The Passport Act, 1967 

Objectives 

∙ To regulate the issuance of passports and travel documents. ∙ To govern the departure of Indian citizens from India. 

∙ To provide grounds for refusal, suspension, or revocation of passports. Important Sections 

∙ Section 3 – Necessity of passport for departure. 

∙ Section 6 – Grounds for refusal of passport (criminal proceedings, national  interest). 

∙ Section 10 – Revocation and impounding of passports. 

∙ Section 12 – Offences and penalties.

Landmark Cases 

1. Satwant Singh Sawhney v D Ramarathnam – Recognized travel abroad  as part of personal liberty. 

2. Maneka Gandhi v Union of India – Expanded Article 21, requiring fair,  just, and reasonable procedures for passport impounding. 

3. Ebrahim Vazir Mavat v State of Bombay (1954 SCR 933) – Held that  travel restrictions must align with constitutional freedoms. 

Comparative Perspectives 

United States 

∙ Governed by the Immigration and Nationality Act, 1952. 

∙ Strict Homeland Security entry checks; electronic travel authorization  systems. 

United Kingdom 

∙ The Immigration Act, 1971 governs entry; British passports are biometric  and globally recognized. 

Canada 

∙ Immigration and Refugee Protection Act, 2001 integrates refugee law  with immigration. Canada’s system is widely considered progressive and  rights-oriented. 

Australia 

∙ The Migration Act, 1958 provides detailed regulation on visas, asylum  seekers, and deportation. 

Comparative Insight 

Unlike these nations, India still relies on the 1920 colonial-era law, underscoring  the need for a comprehensive, modern immigration code.

Contemporary Challenges 

1. Illegal Migration

Persistent migration from Bangladesh and Myanmar has raised demographic  and political concerns, especially in Assam. 

2. Refugee Crises 

India has hosted refugees from Tibet, Sri Lanka, and Afghanistan without a  codified refugee law. Reliance on ad hoc policies raises legal uncertainty. 

3. National Security & Terrorism 

Passports are used by terror networks to infiltrate India. Revocation under Section  10 of the 1967 Act has been applied in such cases. 

4. Human Trafficking 

India is both a source and transit country. Forged passports are often used in  trafficking cases. 

5. Digital Fraud 

With e-passports, cyber risks like identity theft, hacking, and cloning are  emerging threats. 

Constitutional and Human Rights Dimensions 

Right to Travel Abroad 

The right to travel abroad has been recognized as part of Article 21. However, it  is not absolute and may be restricted on grounds of national security, public  order, and criminal justice. 

Balance of Liberty and Security 

∙ The Passport Act, 1967 provides a framework where executive discretion  is subject to judicial scrutiny. 

∙ In Maneka Gandhi, the Court stressed the importance of procedural  safeguards. 

Suggested Reforms 

1. Comprehensive Immigration Code – Merge Passport Acts with refugee  law, visa law, and foreigner regulation.

2. Digital Security – Introduce blockchain-based passport verification. 

3. Judicial Safeguards – Independent review boards for passport revocation  cases. 

4. Regional Cooperation – Stronger agreements with SAARC and ASEAN  nations to curb illegal migration. 

5. Humanitarian Refugee Framework – Enact a domestic refugee law in  line with UNHCR standards. 

Conclusion 

The Passport (Entry into India) Act, 1921 and the Passport Act, 1967 remain  the pillars of India’s immigration law. Judicial pronouncements like Satwant  Singh Sawhney and Maneka Gandhi linked these Acts to fundamental rights,  embedding constitutional safeguards. 

Yet, the persistence of illegal migration, human trafficking, and cyber threats  demands reform. A modern, consolidated immigration code that integrates  refugee law, digital security, and constitutional safeguards is urgently required.  Such reform would strike the right balance between national sovereignty and  individual liberty, strengthening India’s position in the global order. 

Bibliography (OSCOLA Style) 

Statutes 

∙ The Passport (Entry into India) Act 1920 

∙ The Passport Act 1967 

∙ Constitution of India 

∙ The Foreigners Act 1946 

∙ The Registration of Foreigners Act 1939 

∙ The Citizenship Act 1955

Cases 

∙ Hans Muller of Nuremberg v Superintendent, Presidency Jail AIR 1955 SC  367 

∙ Satwant Singh Sawhney v D Ramarathnam AIR 1967 SC 1836 ∙ Maneka Gandhi v Union of India AIR 1978 SC 597 

∙ Ebrahim Vazir Mavat v State of Bombay 1954 SCR 933

Books 

∙ D D Basu, Commentary on the Constitution of India (LexisNexis) ∙ M P Jain, Indian Constitutional Law (8th edn, LexisNexis) ∙ H M Seervai, Constitutional Law of India 

Secondary Sources 

∙ Ministry of External Affairs, Government of India, Passport Seva Portal https://www.passportindia.gov.in accessed 30 August 2025 

∙ Ministry of Home Affairs, Government of India, Immigration Guidelines https://www.mha.gov.in accessed 30 August 2025 

∙ ‘Immigration Control in India: Issues and Challenges’ (2019) Journal of  Indian Law and Society 

∙ UNHCR, Reports on Migration and Refugee Issues https://www.unhcr.org  accessed 30 August 2025