Immigration Bill introduced in LS; violates Constitution, refer to Panel, says Opp

He 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, and added that tourists should follow India’s immigration- related law.

Before introducing the Bill, Rai said the proposed law seeks to correct overlapping and duplicate provisions in prevailing laws governing immigration and foreigners in the country.

He said that the Bill was aimed to confer upon the Central government certain powers to provide for requirement of passports or other travel documents in respect of persons entering into and exiting from India and for regulating matters related to foreigners, including requirement of visa and registration and for matters connected therewith or incidental thereto.

Opposing the bill at the introduction stage, Congress’s Manish Tewari said the Bill is in “violation of fundamental rights on multiple counts” and that the government might use the provisions of the proposed law to deny entry to those who are not in sync with the ideology of the ruling dispensation of the day.

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Either the Bill should be withdrawn or should be referred to a Joint Parliamentary Committee for very careful consideration, he said, as it “violates multiple articles of the fundamental rights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 joined the Congress in opposing the Bill and said that there were four Acts regarding entry and exit of foreigners in the country already and that these Acts have served their purpose so far which makes the proposed law appear “superfluous” in their place.

Roy said that the proposed law “will restrict inflow of talent and know-how in the country in fields of academics and medical science”. He added that he objected to the proposed law, especially with regard to the obligation of the hospitals, nursing homes or any other medical institutes admitting any foreigner.

Countering the objections raised by Tewari and Roy, MoS Rai said that the introduction of the Bill comes under the legislative competence of the House.

Rai said that at present it is mandatory for every hospital and medical institution to inform about the foreigners and that information helps in regulating the stay of foreigners in the country and their departure as well. “At present this provision is through an order. Government is bringing that in the main Act,” the minister said.

On the necessity of Bill, Rai mentioned the existing four Acts — the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers’ Liability) Act, 2000, and said that three of these Acts are of pre-Constitution period. “The (Narendra) Modi government is reviewing the pre-Constitution period Bill and this Bill is a step in that direction,” Rai said.

The role of universities, hospitals, and other medical institutions admitting foreign nationals will be specified, along with matters related to passports and visas, when the Bill comes into effect.

According to MHA data, a total of 98,40,321 foreigners visited India between April 1, 2023, and March 31, 2024.