Introduction
If your Indian passport renewal is stuck with an embassy or the passport office; or if you’ve been told your application is ‘pending clearance’ ; don’t ignore it. NRIs frequently face long delays or refusals where the passport authority is waiting on policeclearance. This blog explains, in plain language, the legal steps you can take from abroad: (1) appeal to the Passport Appellate Authority under Section 11, (2) when to file a Writ Petition in the High Court under Article 226.
What is a Passport and Who Issues It?
A Passport is an official document issued by the Ministry of External Affairs (MEA), Government of India, certifying the holder’s identity, citizenship, and nationality. It allows international travel and is also treated as proof of Indian citizenship under the Passports Act, 1967.
The passport issuance process is governed by the Central Passport Organisation, which operates through Regional Passport Offices (RPO) and Indian Embassies/Consulates abroad.
When Can a Passport Be Refused or Delayed?
Section 6 of the Passports Act, 1967 lists specific grounds on which a passport or its renewal can be refused. Some of the common reasons include:
- The applicant is facing criminal proceedings in India.
- An arrest warrant or summons has been issued by a court of competent jurisdiction in India.
- The applicant has been convicted of a serious offence involving moral turpitude within the last five years.
- The Central Government believes the applicant’s travel may harm India’s sovereignty, integrity, or public interest.
- The applicant has been deported or repatriated from another country and has not repaid related expenses.
(The complete Act PDF with Section 6: PassportSeva)
Why Do Passport Renewals Get Stuck “Under Process”?
Embassies frequently reply that the “Passport Application is under review at Indian Embassy/Consulate” or “Passport Application is pending for clearance from India” ; a vague phrase that could mean anything from delayed police verification to a bureaucratic backlog. Common replies of the Embassy/Consulate include:
- Application under process / pending clearance from India.
- File referred to the Regional Passport Office.
- Police verification report awaited from India.
- Clearance awaited from the Ministry of External Affairs.
- Adverse report received; renewal on hold pending approval.
Common causes include:
- Delay in police verification or communication between Embassy and Regional Passport Office.
- Pending criminal case or false FIR not properly updated in system.
- Lack of clarity about court permissions when a case is pending.
- Errors in data or record matching within MEA’s system.
- Sometimes, simple administrative negligence or over-caution by officers.
When such delays stretch beyond reasonable limits, they violate your fundamental right under Article 21 of the Constitution ; The Right to Life and Personal Liberty, which includes the Right to Travel abroad.
Legal Remedy 1: Appeal Against Refusal
Section 11, The Passports Act, 1967 Indian Kanoon+1
Under Section 11 of the Passports Act, 1967, an applicant whose passport has been refused or an applicant who is aggrieved by any adverse order(revocation, impounding or seizure of passport) of the Passport Authority can file an appeal to the Appellate Authority (headed by the Joint Secretary and Chief Passport Officer, MEA).Steps to File an Appeal:
- File a written appeal addressed to the Appellate Authority, MEA, New Delhi.
- Attach: Copy of the refusal / pending communication, Copy of your passport application form, ID proof and supporting documents
- Explain why the refusal or delay is unjustified, and include any relevant High Court or Supreme Court precedents.
- The authority must give you an opportunity of hearing before passing an order.
If your appeal is dismissed or remains pending beyond a reasonable time, you can move to the High Court by filing a writ petition under Articles 226/227 of the Constitution of India.
Legal Remedy 2: Writ Petition in High Court
¨Manjit Kaur Dhaliwal v. Union of India (2019), The Punjab & Haryana High Courtheld that although an appeal must normally be filed first under Section 11 of the Passports Act before seeking the intervention of the Hon’ble High Court but the High Court can intervene through a writ petition when there is an unreasonable delay or arbitrary refusal by the passport authority.Manjit Kaur Dhaliwal v. State of Punjab (Casemine)
¨Dharam Singh v. Passport Seva Kendra, Jalandhar (2019), the Hon’ble High Court directed the authorities to issue the passport within a fixed time, noting that once the Appellate Authority approves renewal, the Passport Office cannot sit idle indefinitely.
DHARAM SINGH v. STATE OF PUNJAB AND OTHERS (Casemine)
¨Rajeev Yadav v. Union of India, 2024 (Delhi HC),the Hon’ble High Court held that theEmbassy cannot indefinitely hold Passport renewal citing “pending clearance.”
Recent High Court Judgements have also reaffirmed that mere pendency of a case or FIR cannot automatically justify refusal unless there is a court-imposed travel restriction.
¨SureshVerma v. Union of India, 2023 (Bombay HC): Pendency of FIR alone not a valid reason for refusal.
¨Arvind Kejriwal v. Union of India, 2025 (Delhi HC): In a recent ruling, DelhiCourt granted no objection certificate (NOC) for the 10-year renewal of Arvind Kejriwal’s passport despite ongoing investigations. (Times of India)”Court reiterated that denial of passport/NOC without clear reasoning violates Article 21 (Right to Travel).
FAQs
Q1: My passport renewal application at the embassy has been “pending” for months; What can I do as an NRI?
A: File an appeal to the Passport Appellate Authority (Section 11). If appeal fails or there is unreasonable delay, file a writ petition in the High Court (Article 226). Courts have ordered passport offices to act in fixed timelines. Passport Seva+1
Q2: Does a pending FIR automatically stop passport renewal?
A: Not always. Section 6 grounds allow refusal if criminal proceedings are pending, but courts have held a mere registration of an FIR is not always enough to deny renewal; details depend on seriousness of charge and judicial orders.
Q3: What paperwork is needed to file an appeal under Section 11?
A: Copy of refusal/communication, passport application file number, proof of identity, explanation of why renewal is urgent, and any court orders showing compliance.
Q4: How fast can a High Court order passport renewal?
A: Courts often give timelines (7–30 days) once a writ is allowed. If the appellate authority has already recommended renewal but the passport office delays, courts typically issue fast-track directions. High Court of Madhya Pradesh
Q5: Will filing a Writ make me travel-ready?
A: A Writ can direct the passport office to renew; courts occasionally issue limited NOCs. But travel permission may still depend on other orders (bail conditions, etc.). Arvind Kejriwal NOC example. The Times of India
Q6: Can the Embassy refuse to renew my passport if a police verification is pending?
A: They can temporarily hold it, but indefinite delay without written reason violates your rights. You can file an appeal or writ to compel action.
Q7: What if there’s a criminal case against me in India?
A: The Passport Office may require court permission, but if the case is minor or long-pending without restriction, courts often permit renewal.
Q8: Can I apply for renewal while abroad?
A: Yes, through the Indian Embassy or Consulate in your country of residence. They coordinate with the MEA and your local passport office in India.
Q9: How long can an embassy keep my application “under process”?
A: Normally, 30–45 days. Beyond that, unexplained delay can be challenged legally.
Q10: Which court should I approach?
A: The High Court within whose jurisdiction your passport office is located and/or where cause of action arises.
Conclusion
Thousands of NRI passports remain pending every year due to the non-clearance being given by the competent authority and thus the applications for renewal of the passport are kept pending for months/years and as result undue harassment is faced by the NRI’s. Thus it is imperative to follow the proper legal procedure/channel to get your passport renewed within a specific time frame. Right to Travel abroad is a fundamental right under Article 21, and no authority can indefinitely withhold your passport without lawful justification.
If your passport is refused, revoked, or pending for an unreasonable period, consult an experienced advocate to file an appeal or writ petition. Courts have consistently intervened to protect NRIs from unnecessary harassment by the passport authorities.
Author Bio:
Advocate Hashandeep Singh Sidhu, B.Tech., M.B.A., LL.B.; Advocate On Record (AOR), Punjab & Haryana High Court.