Brief Context
The Union government introduced the Immigration and Foreigners Bill, 2025 in the Lok Sabha, aimed at overhauling India’s immigration system.
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Syllabus: GS2/ Governance
Context
- The Union government introduced the Immigration and Foreigners Bill, 2025 in the Lok Sabha, aimed at overhauling India’s immigration system.
Key Provisions
- The Bill seeks to replace four pre-Independence and early post-Independence Acts: the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Immigration (Carriers’ Liability) Act, 2000.
- Establishment of Bureau of Immigration: The Bill proposes the establishment of a Bureau of Immigration (Section 5), headed by a Commissioner.
- The Bureau will regulate immigration, oversee entry and exit of foreigners, and perform other functions as prescribed by the Centre.
- Central Government’s Powers over Foreigners: Under Section 7, the Bill empowers the Central government to:
- Specify entry and departure points and impose conditions on foreigners upon arrival.
- Order foreigners to stay in designated areas or prohibit them from entering specific regions.
- Mandate identity verification, biometric submission, and medical examination for foreigners.
- Restrict association with certain individuals or involvement in specified activities.
- Punishments: The Bill also carries punishments for foreigners who:
- Enter any area without a valid passport or a travel document (Section 21). The punishment is up to five years imprisonment and/or a fine of up to Rs 5 lakh.
- Restrictions on carriers: A carrier has been defined as a person or entity “engaged in the business of transporting passengers or cargo by air, water or land by aircraft or ship or any other mode of transport”.
- Under Section 17, carriers are required to share information related to the passengers and crew with an immigration officer or with a District Magistrate/Police Commissioner when asked.
Criticism of the Bill
- Violation of Fundamental Rights: It is argued that the Bill violates fundamental rights by granting the government excessive powers over foreigners, potentially affecting asylum seekers and legitimate travelers.
- Lack of an Appeal Mechanism: The government’s authority to issue binding directives without a transparent appeal mechanism raises concerns over natural justice and due process.
Concluding remarks
- The Immigration and Foreigners Bill, 2025, represents an effort to modernize India’s immigration framework.
- However, concerns regarding human rights implications, and broad executive authority highlight the need for additional safeguards.
- Addressing these concerns by introducing clear legal recourse and judicial oversight would ensure a fair and balanced approach to national security and governance.
Source: IE