Government tables immigration bill, opposition says it can be misused

A BILL seeking to streamline various services related to immigration and foreigners was introduced in the Lok Sabha on Tuesday (11) with opposition dubbing it to be violative of constitutional provisions.

Minister of state for home Nityanand Rai rejected suggestions that Parliament lacked the legislative competence to bring the Immigration and Foreigners Bill, 2025.

He said the central government has all the rights under the Union list to bring legislations on the subject.

The bill aims to streamline various services related to immigration and foreigners, including their entry, exit and stay in the country.

Foreigners can be denied visas on national security grounds, have their movements restricted, and face penalties for violating entry and exit rules.

Rai asserted that while tourists were welcome to come to India, it was the government's responsibility to ensure peace and sovereignty of the nation remained intact.

Opposing the bill at the introduction stage, Manish Tewari (Congress) said the bill is violative of multiple provisions of the Constitution and various laws.

He said the bill violates the principle of fundamental rights and the government may use the provisions of the proposed law to deny entry to those who are not in sync with the ideology of the ruling dispensation of the day.

Saugata Roy of the TMC said the proposed law could prevent inflow of talent from outside in various fields.

In his remarks before formally introducing the bill, Rai said the draft law seeks to correct overlapping and duplicate provisions in prevailing laws governing immigration and foreigners in the country.

The legislation is aimed at streamlining various services related to immigration and foreigners, including their entry, exit and stay in India.

The entry, stay and exit of foreigners from India are currently governed by the Registration of Foreigners Act, 1939, and the Foreigners Act, 1946.

While Indian visas of all categories to foreigners can be granted in physical or sticker form by Indian missions or posts located abroad, the Bureau of Immigration (BoI) grants electronic visas under seven categories to people from 167 countries.

Besides, visa-on-arrival is granted by immigration authorities at six designated airports to nationals of three countries - Japan, South Korea and the UAE (only for such UAE nationals who had earlier obtained e-visa or regular or paper visa for India).

The stay and movement of foreigners in India and their exit are regulated by the BoI and state governments and Union Territory administrations.

According to existing laws, all foreigners on long-term (more than 180 days) student, medical, research, employment, missionary and project visas are required to register with the Foreigners Regional Registration Officer (FRRO) or the Foreigners Registration Officer (FRO) concerned, within 14 days of arrival.

Pakistani nationals are required to register within 24 hours of their arrival.

The bill prescribes harsh penalties for violations.

Foreigners without a valid passport or visa could face imprisonment of up to five years and a fine of up to ₹500,00.

Using forged documents may result in two to seven years in jail, with fines ranging from ₹100,000 to ₹1 million.

Overstaying, violating visa conditions, or trespassing in restricted areas could lead to three years in jail and a fine of up to ₹300,000.

According to home ministry data, 9,840,321 foreigners visited India between April 1, 2023, and March 31, 2024. (Agencies)