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Passport Denial Over Voter List Deletion: Constitutional and Statutory Concerns

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The denial of passport renewal to a senior journalist following the deletion of their name from the electoral rolls has sparked a constitutional debate. This development highlights the intersection of the right to travel abroad under Article 21, the Passports Act of 1967, and the Representation of the People Act.

A recent representation by CPI(M) Rajya Sabha MP John Brittas to the External Affairs Minister has brought to light a critical constitutional issue: the denial of passport renewal based on the deletion of an individual's name from the electoral rolls. The case involves a senior journalist whose name was removed during a Special Intensive Revision (SIR) in West Bengal, subsequently leading to the rejection of their passport application. This administrative action raises significant legal and constitutional questions. Under the Passports Act, 1967, the grounds for refusing a passport are explicitly codified (such as concerns over sovereignty, security, or pending criminal proceedings). Deletion from the voter list is not a statutory ground for disqualification under the Act. By using electoral roll deletion as a proxy for denying a passport, executive authorities risk creating extra-legislative disqualifications not sanctioned by Parliament.

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