New Delhi: Opposition MPs claimed Thursday that certain provisions of a Bill that seeks to streamline various services related to immigration and foreigners give “arbitrary powers” to immigration authorities and demanded that it be sent to a joint parliamentary committee for detailed scrutiny.
The Immigration and Foreigners Bill, 2025, was moved in the Lok Sabha earlier this month.
Initiating a debate on the Bill, Congress MP Manish Tewari said its provisions give “arbitrary powers” to the government for exempting certain categories of foreigners from the law.
He also criticised a provision that makes the immigration officer’s decision final and binding in case of a dispute.
“This essentially means that there is no appeal, no argument and no lawyer. Whatever the immigration officer decides will be absolute,” Tewari said.
Comparing the Bill with immigration laws in other countries, he pointed out that the United States has immigration judges, and Canada has an Immigration and Refugee Board, which provides avenues for appeals.
“Here, there is no such mechanism. The only recourse is to approach the high court under Article 226 (of the Constitution) or move the Supreme Court. There is a need to incorporate the safeguard of immigration judges in this law,” the Congress leader said.
He also raised concerns over another provision that empowers immigration officers to seize damaged passports without clearly defining what constitutes “damage”.
“This provision allows for arbitrariness and gives immigration officers unchecked power to harass individuals by declaring their passports damaged and seizing them. Worse, there is no appeal against such decisions,” he said.
Tewari also questioned clauses of the Bill, which state that any foreigner suspected of wrongdoing can be arrested by any head constable and jailed for two to seven years, saying that the power should be given to an official of the rank of inspector.
He urged Home Minister Amit Shah to refer the Bill to a joint parliamentary committee (JPC) for a clause-by-clause examination before bringing it back to the House in a refined form.
Supporting the demand, Samajwadi Party MP Rajeev Rai emphasised that the Bill pertains to national security and international matters, necessitating a thorough review by a committee.
“If the Bill is sent for scrutiny and returned with all necessary suggestions, it will serve the national interest and strengthen security,” he said.
Trinamool Congress MP Sougata Ray also backed the demand, asserting that Shah has introduced a stringent law.
“I believe this Bill should be sent to a joint select committee as it requires a detailed examination,” he said.
The proposed legislation is aimed at streamlining various services related to immigration and foreigners, including their entry, exit and stay in India.
The entry, exit and stay of foreigners in 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 the physical or sticker forms by Indian missions or posts located abroad, the Bureau of Immigration grants electronic visas under seven categories to people from 167 countries.
Besides, a visa on arrival is granted by immigration authorities at six designated airports to the citizens of three countries — Japan, South Korea and the United Arab Emirates (only for such UAE nationals who had earlier obtained an e-visa or a regular or paper visa for India).
The other opposition MPs who demanded that the Bill be sent to either a JPC or a parliamentary standing committee included N K Premachandran (RSP), Raja Ram Singh Kushwaha from CPI(ML) Liberation, Malwinder Singh Kang (AAP), Manoj Kumar (Congress), Sudhakar Singh (RJD) and Sukhdeo Bhagat (Congress).
Bhagat said this is a sensitive issue and the Bill should be sent to a JPC.
Sudhakar Singh said certain provisions of the proposed law are against the basic structure of the Constitution.
Echoing similar views, CPI(M) member K Radhakrishnan said the Bill should be sent for a reconsideration.
Sasaram (Bihar) MP Manoj Kumar said several provisions of the Bill infringe upon the fundamental rights of people.
“Either it should be sent to a JPC or withdrawn,” he said.
Premachandran said the proposed law can be misused by authorities.
“Send the Bill to a standing committee or select committee for further scrutiny,” he said.
PTI
