The Bharatiya Janata Party (BJP)-led Union government on Tuesday introduced the Immigration and Foreigners Bill, 2025 in Lok Sabha. The bill seeks to streamline various services related to immigration and foreigners, including their entry, exit and stay in India.
Union Minister of State for Home Nityanand Rai, who introduced the bill in Lok Sabha, said 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.
Violates fundamental rights: Oppn
The opposition has dubbed the proposed law to be violative of constitutional provisions.
Manish Tewari of the Congress said the bill violates multiple provisions of the Constitution and various laws. He said the bill violates the principle of fundamental rights and the government may use the proposed law’s provisions to deny entry to those 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.
Minister Rai, however, said the draft law seeks to correct overlapping and duplicate provisions in prevailing laws governing immigration and foreigners in the country.
The bill aims to replace four 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.
What are the existing laws?
The entry, stay and exit of foreigners from India are currently governed by the Registration of Foreigners Act, 1939, and the Foreigners Act, 1946.
“The acts… are not only of pre-Constitution period, but also, they were brought into extraordinary times of first and second world wars. While there is an underlying continuity and commonality of objectives among the four Acts, there are some overlapping provisions among the said acts,” the statement of objects and reasons of the new bill reads.
The proposed law reads that it is necessary to repeal all four Acts and enact a new comprehensive legislation.
What is the existing Visa system?
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, 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.
Threat to national security
Any foreigner posing a threat to national security, sovereignty or integrity would be denied entry and permission to stay in India, according to the new bill’s provisions. This proposed law will require mandatory registrations of foreigners upon arrival in India
Foreigners will face restrictions on their movement if they attempt to change their names. There will be a centralised system to track visas, entry and exit of foreigners
Obligation of hospitals, universities
The proposed law specifies the role of hospitals, other medical institutions, and universities admitting foreigners, along with matters related to passports and visas.
The bill specifies the matters relating to foreigners and their registration, the provisions relating to the obligation of universities and educational institutions admitting any foreigner, the obligation of hospitals, nursing homes or any other medical institution admitting foreigners. Educational institutions and hospitals will be required to report foreign nationals to immigration authorities
In the existing laws, there is no mandate for institutions and hospitals
Stricter Penalty
Any violations will attract heavy penalties, as per the proposed law. Arriving in India without a valid passport or visa may attract imprisonment of up to five years and a fine of up to ₹5 lakh.
Foreigners using forged documents could face a jail term of two to seven years, with fines ranging from ₹1 lakh to ₹10 lakh.
Overstaying, violating visa conditions or trespassing in restricted areas could result in three years imprisonment and a fine of up to ₹3 lakh.
Burden of proof on individual
A significant change in the proposed immigration legislation places the responsibility of proving legal status on the individual rather than the state.
The new bill categorises foreigners based on the purpose of their visit to India. The foreigners will be classified as students, workers and tourists while there was no such categorisation of foreigners in existing laws
The regulations may require biometric registration for tourists as well. There is no such provision in the existing laws
Accountability on airlines and carriers.
More accountability has been proposed for airlines and carriers. Transport carriers ferrying individuals without proper documentation will also be held accountable.
Transport carriers carrying foreigners without valid documents will be held liable and can be fined up to ₹5 lakh. It could also lead to the potential seizure of their transport if penalties are not paid. If a foreigner is denied entry, the carrier will be responsible for their immediate removal from India.
The bill also authorizes immigration officers to arrest individuals without a warrant and empowers the central government to regulate the movement of foreigners in India.
“Any District Magistrate or Commissioner of Police, or Superintendent of Police of the civil authority orImmigration Officer may, for any purpose connected with the enforcement of this Act or any rule or any order made thereunder, require the carrier to furnish such information as may be prescribed in respect of passengers or members of the crew on such aircraft, vessel or other of transport,” reads the proposed bill.
More powers to Centre
The proposed law seeks to give the Centre certain powers to require passports or other travel documents for people entering and exiting India and to regulate matters related to foreigners, including the requirement of visas and registration.
While tourists were welcome to come to India, it was the government’s responsibility to ensure peace and sovereignty of the nation remain intact.
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