The Union government on Tuesday introduced the the Immigration and Foreigners Bill, 2025 in Lok Sabha. The bill proposes an overhaul of country's immigration laws.
The bill seeks to streamline various services related to immigration and foreigners, including their entry, exit and stay in the country. However, the opposition dubbing it to be violative of constitutional provisions.
Rejecting suggestions that Parliament lacked the legislative competence to bring the Immigration and Foreigners Bill, 2025, Minister of State for Home Nityanand Rai said the central government has all the rights under the Union list to bring legislations on the subject. Provideing the rationale behind its introduction, 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 remain intact.
The opposition, led by the Congress and the Trinamool Congress, protested, and demanded the bill be sent to a joint parliamentary committee for further study.
What is Immigration and Foreigners bill?
The new bill, once passed, will replace colonial-era laws, including the Foreigners Act, 1946, the Passport (Entry into India) Act, 1920, the Registration of Foreigners Act, 1939, and the Immigration (Carriers’ Liability) Act, 2000. The objective is to enhance national security, control immigration procedures, and introduce stricter penalties on foreigners who violate entry and stay conditions.
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
What are the laws regulating the movement of foreigners in 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, having jurisdiction over the place where the foreigner intends to stay, within 14 days of arrival.
Reading between the lines
The bill explicitly states that any foreign national posing a threat to national security, sovereignty, or integrity will be denied entry or permission to stay in India. It also proposes mandatory registration for foreigners upon arrival, restricting their movement, name changes, and access to protected or restricted areas. Additionally, institutions such as educational establishments, hospitals, and nursing homes will be required to report foreign nationals to immigration authorities.
What are the other laws covering foreigners in India?
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, having jurisdiction over the place where the foreigner intends to stay, within 14 days of arrival. Pakistani nationals are required to register within 24 hours of their arrival.
Other laws that cover foreigners in India include the Citizenship Act, 1955, which regulates acquisition and termination of Indian citizenship as well as acquisition and registration of foreigners as Overseas Citizens of India (OCI). The Passports Act, 1967, provides for the issue of passports and travel documents to regulate departure from India of citizens of India and other persons, and the Immigration (Carriers' Liability) Act, 2000, that makes carriers liable in respect of passengers brought by them into India in contravention of provisions of the Passport Act.
Apart from movement, stay and visa, there are certain protected areas in India where foreigners need special permits to travel, including multiple states in the northeastern region, the whole of Andaman and Nicobar, and parts of Jammu and Kashmir, Uttarakhand, Himachal Pradesh and Rajasthan. According to Union Home Ministry data, a total of 98,40,321 (98.40 lakh) foreigners visited India between April 1, 2023, and March 31, 2024.
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