Context : Key Provisions of the Centre’s new Immigration Bill
Relevance : GS 2(Governance)
- Denial of Entry on Security Grounds:
- First-time introduction of threat to national security and sovereignty as explicit grounds to deny entry or stay to foreign nationals.
- May also bar entry based on relations with a foreign state.
- Immigration Officer’s Authority:
- The Bill could make the Immigration Officer’s decision final and binding regarding entry denial.
- Previously, entry was denied, but there was no explicit legal provision mentioning such authority.
- Repeal of Existing Laws:
- The Bill is likely to replace four Acts:
- Foreigners Act, 1946
- Passport (Entry into India) Act, 1920
- Registration of Foreigners Act, 1939
- Immigration (Carriers’ Liability) Act, 2000
- These laws were enacted around World War I and II and had overlapping provisions.
- The Bill is likely to replace four Acts:
- Avoiding Legal Overlaps:
- The new law aims to streamline regulations related to passports, visas, registration, and exit procedures.
- Seeks to remove inconsistencies between multiple laws.
New Definitions and Institutional Responsibilities
- Immigration Officers:
- The Bill may define their functions and grant them legal backing under the Bureau of Immigration.
- Responsibilities of Educational and Medical Institutions:
- Universities and medical institutions admitting foreigners may have new obligations under the law.
- Foreigners may bear the burden of proof to establish their nationality.
Penalties for Violations
- Illegal Entry:
- Punishable with up to five years’ imprisonment or fines up to ₹5 lakh or both.
- Fraudulent Travel Documents:
- Usage or distribution may lead to 2-7 years’ imprisonment.
- Fines may range from ₹1 lakh to ₹10 lakh.
Implications & Concerns
- Strengthening of national security measures by legally empowering immigration authorities.
- Concerns over broad executive powers and potential misuse in denying entry based on vague security concerns.
- Impact on foreign students, medical tourists, and businesses due to increased scrutiny.
- Clarity on appeal mechanisms needed, as the Immigration Officer’s decision may be final and binding.
