Immigration Bill: Why the Opposition was wary and wants a JPC

Opposition MPs on Thursday, 27 March, claimed that some provisions of the bill seeking to streamline various services related to immigration and foreigners give arbitrary powers to immigration authorities. They demanded it should be sent to a joint parliamentary committee for detailed scrutiny.

The Immigration and Foreigners Bill, 2025, was moved in the Lok Sabha early this month.

Initiating a debate on the Bill, Congress MP Manish Tewari said that its provisions give "arbitrary powers" to the government to exempt certain foreigners from the law.

He also criticised a provision that makes the decision of an immigration officer final and binding.

“This essentially means there is no appeal, no argument and no lawyer. Whatever the immigration officer decides will be absolute,” he said.

Comparing the Bill with immigration laws in other countries, Tewari pointed out that the US has immigration judges and Canada has an Immigration and Refugee Board, both of which provide avenues for appeal.

“Here, there is no such mechanism. The only recourse is to approach the high court under Article 226 or move the Supreme Court. There is a need to incorporate the safeguard of immigration judges in this law,” he said.

Tewari 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.

The Congress leader also questioned clauses of the Bill which state that any foreigner who is suspected of wrongdoing can be arrested by any head constable and can be jailed for 2–7 years, saying at least the power should be restricted to the rank of inspector and above.

He urged home minister Amit Shah to refer the Bill to a JPC for a clause-by-clause examination before bringing it back to the House in a refined form. [Ed: However, the bill was passed by voice vote in the Rajya Sabha, leaving it just a step away from the President’s assent that turns it into an Act.]

Supporting the JPC 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 had also backed the opposition’s demand, asserting that home ministerR Shah had introduced a stringent law.

“I believe this Bill should be sent to a joint select committee as it requires 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, stay and exit of foreigners from India is 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 physical or sticker form by Indian missions or posts located abroad, the Bureau of Immigration 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).

ED: Edited and updated