If you are stuck in such a situation, here is what to do.
Mr. Alok Verma, a resident of Bhopal, is approaching his passport renewal date, which is just a few months away. He intends to add his surname, “Verma,” to his new passport. The complication arises because his Class 10 and 12 educational certificates only list his first name, “Alok.” However, his more recent official documents, such as his Aadhaar Card, PAN Card, and bank accounts, all correctly display his full name, “Alok Verma.” This discrepancy between older educational records and current identity documents is a common issue that can complicate the passport application process, leading to confusion about the required legal procedures.
Advice in such cases
Navigating the process of changing or adding a name to a passport requires a systematic approach. The passport authorities need to be satisfied that the change is legitimate and not for any fraudulent purpose. Here is some general advice:
Document Consistency: The primary goal is to establish a clear and consistent identity across all official documents. While Aadhaar and PAN are important, the discrepancy with foundational documents like school certificates often requires a formal legal process.
The Three-Step Process: For a major change like adding a surname, you will likely need to follow a three-step legal process: creating an affidavit, publishing a newspaper advertisement, and getting the name change published in the Gazette of India.
Affidavit for Name Change: The first step is to get an affidavit prepared by a notary. This sworn statement will declare your old name, your new name, and the reason for the change (in this case, the addition of a surname).
Newspaper Publication: After the affidavit is made, you must publish an announcement of your name change in two newspapers—one local (in the regional language) and one national (in English). This serves as a public declaration of your name change.
Gazette Notification: This is the most crucial step. You must apply to the Department of Publication to have your name change published in the Gazette of India. This is the official government record of your name change and is a key document for passport applications.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
Applicable Sections of Law
The process for issuing, renewing, and modifying passports is primarily governed by administrative rules and procedures rather than criminal statutes like the Bharatiya Nyaya Sanhita (BNS). The key legal framework includes:
The Passports Act, 1967: This is the principal legislation that governs all matters related to Indian passports. Section 10 of the Act gives the Passport Authority the power to vary or cancel the endorsements on a passport, which includes name changes.
The Passport Rules, 1980: These rules lay down the detailed procedures and documentation required for various passport services. The guidelines for name changes are specified within these rules and are regularly updated through circulars issued by the Ministry of External Affairs.
Gazette of India Publication: While not a law in itself, the publication of a name change in the official Gazette is a legally recognized procedure for formalizing a name change and is often a mandatory requirement for government departments, including the Passport Seva Kendra.
If you are the complainant
In this scenario, you are the applicant seeking a change in your official documents. Your role is to proactively complete the required legal formalities and present a clear and well-documented case to the passport authorities.
Organize Your Documents: Gather all existing documents, both with the old name (school certificates) and the new name (Aadhaar, PAN). This will help in preparing the affidavit.
Follow the Legal Procedure: Do not skip any steps. Get the affidavit notarized, publish the newspaper ads, and secure the Gazette notification. Trying to bypass this process by relying only on Aadhaar and PAN cards might lead to rejection or long delays.
Apply for Passport Renewal: Once you have the Gazette notification, you can apply for the passport renewal online. In the application form, clearly state your name as per the new, desired format and select the option for a name change.
Attend the Appointment: At the Passport Seva Kendra (PSK), carry all original documents, including the Gazette notification, newspaper clippings, affidavit, old passport, and other supporting IDs.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
If you are the victim
While you are not a “victim” in a criminal sense, you can feel victimized by bureaucratic hurdles and delays. If your application faces issues or is put on hold, here is how to proceed:
Understand the Objection: If the Passport Officer raises an objection, ask for the reason in writing. Often, it is due to incomplete documentation. Understanding the specific requirement is the first step to resolving it.
Do Not Argue Unnecessarily: The officials at the PSK are following a set procedure. If they require a specific document like a Gazette notification, arguing that it should not be necessary will not help. It is better to comply with the requirements.
Escalate if Needed: If you believe your application is being unfairly delayed despite providing all required documents, you can escalate the matter to the Regional Passport Officer (RPO). An application can also be filed under the Right to Information (RTI) Act to know the status and reason for the delay.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think
How the police behave in such cases
Police involvement in passport applications is for the purpose of verification of your address and identity. In a name change case, the police verification process is particularly important. The police officer visiting your address will verify your identity documents. You must be prepared to show them all the documents related to the name change, including the affidavit, newspaper ads, and the Gazette notification. Explain the situation clearly—that you have legally added your surname. If your documents are in order, the police will submit a clear report. Any ambiguity in your documentation could lead to an adverse police verification report, which would halt your passport application.
FAQs people normally have
Is a Gazette notification always mandatory for adding a surname?
For a significant change like adding a surname that was never on your educational documents, the passport office almost always insists on a Gazette notification. It is the most authoritative proof of a name change.Can I just use my Aadhaar and PAN cards as proof?
While Aadhaar and PAN are valid proofs of identity, they are not sufficient to override the name on your birth certificate or 10th-grade marksheet for the passport application. The passport office requires a formal reconciliation of this discrepancy, which is achieved through the Gazette process.What is Annexure ‘E’ for passports?
Annexure ‘E’ is the prescribed format for an affidavit regarding a change of name. It is a sworn declaration made before a Judicial Magistrate or an Executive Magistrate, and it is a required document for passport applications involving name changes.
What evidence is required?
To successfully add your surname to your passport, you will need a comprehensive set of documents. The key evidence includes:
The original old passport.
A self-attested copy of the first two and last two pages of your old passport.
Proof of your current address (Aadhaar card, utility bill, etc.).
The original newspaper clippings (both English and regional) where the name change was advertised.
A copy of the Gazette of India notification publishing the name change.
A notarized affidavit for the name change, preferably in the format of Annexure ‘E’.
Copies of documents with the new name (e.g., Aadhaar card, PAN card).
Copies of documents with the old name (e.g., 10th/12th marksheets) to show the original name.
How long will the investigation take?
This is a procedural timeline, not a criminal investigation. The duration can vary based on administrative efficiency.
Affidavit and Newspaper Ads: This can be completed within 2-3 days.
Gazette Notification: This is the longest part of the process. It can take anywhere from 4 weeks to 3 months for the notification to be published after you submit the application.
Passport Application Processing: After you submit your application at the PSK with all the required documents, a normal application can take 3-4 weeks, including the time for police verification. A Tatkaal application may be faster, but it is often not available for cases involving a major name change.
Overall, you should budget at least 3 to 4 months for the entire process from starting the affidavit to receiving the new passport.
Advocate Sudhir Rao, Supreme Court of India