Modi government introduces Immigration Bill; opposition alleges constitutional violation
- In Reports
- 11:19 AM, Mar 12, 2025
- Myind Staff
The Immigration and Foreigners Bill, 2025, which aims to simplify services related to immigration and the entry, exit, and stay of foreigners in the country, was introduced in the Lok Sabha on Tuesday. However, the Opposition criticised the Bill, calling it a “violation” of constitutional provisions and demanded that it be sent to a Joint Parliamentary Committee for further review.
Introducing the Bill in the House, Minister of State for Home Nityanand Rai dismissed the Opposition’s argument that Parliament did not have the authority to introduce it. He emphasised that while tourists are always welcome in India, it is the government's responsibility to maintain peace and protect the country's sovereignty. He also stated that tourists must adhere to India’s immigration laws. Before presenting the Bill, Rai stated that the proposed law aims to address overlapping and duplicate provisions found in the current laws related to immigration and foreign nationals in the country. He explained that the Bill is intended to give the Central government authority to set rules for passports or other travel documents for people entering or leaving India. It also aims to regulate matters concerning foreigners, such as visa requirements, registration, and related issues.
Manish Tewari, a member of Congress, opposed the bill during its introduction, claiming that it violated fundamental rights on several grounds and that the government could use its provisions to bar people who did not share the ideology of the regime. “A proviso (in the Bill) fails to provide an appeal mechanism against the decision of the immigration officer which violates fundamental right, fundamental canons of natural justice in jurisprudence,’ he said. “Either the Bill should be withdrawn or should be referred to a Joint Parliamentary Committee for very careful consideration,” he said, as it “violates multiple articles of the fundamental rights under the Constitution.” TMC's Saugata Roy supported the Congress in opposing the Bill, stating that there are already four existing laws that regulate the entry and exit of foreigners in the country. He argued that these laws have been effective so far, making the proposed legislation seem unnecessary.
The proposed rule, according to Roy, "will restrict inflow of talent and know-how in the country in fields of academics and medical science." He continued by expressing his disapproval of the proposed legislation, particularly the requirement that hospitals, assisted living facilities, and other medical facilities allow foreign patients. Responding to the objections raised by Tewari and Roy, MoS Rai stated that introducing the Bill falls within the House's legislative authority. Rai stated that all hospitals and medical institutions are currently required to report any foreign patients they treat. This information is crucial for monitoring foreigners' stay in the country and ensuring their departure is properly managed. “At present, this provision is through an order. Government is bringing that in the main Act,” the minister said.
Rai highlighted the need for the Bill, pointing out that three of the four existing laws — the Passport (Entry into India) Act of 1920, the Registration of Foreigners Act of 1939, the Foreigners Act of 1946, and the Immigration (Carriers’ Liability) Act of 2000 — were established before India's Constitution came into effect. “The (Narendra) Modi government is reviewing the pre-Constitution period Bill and this Bill is a step in that direction,” Rai said. The Bill will outline the roles of universities, hospitals, and other medical institutions that admit foreign nationals. It will also cover details related to passports and visas when it is implemented.
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