The Immigration and Foreigners Bill, 2025

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