Immigration and Foreigners Bill: Why Congress calls it unconstitutional

The Modi government introduced the Immigration and Foreigners Bill, 2025 in Parliament on Tuesday, aiming to overhaul colonial-era immigration laws and tighten regulations concerning foreign nationals entering and residing in India.

However, the Bill has sparked strong opposition from the Congress, with senior leader and Chandigarh MP Manish Tewari terming it "unconstitutional". Speaking in Parliament, Tewari argued that the Bill violates fundamental rights on multiple counts and highlighted several contentious provisions, including:

1. Unrestricted executive powers: Clause 3(1) of the Bill grants the Central government sweeping powers to prohibit the entry of any foreign national into India on vague grounds such as national security, sovereignty, and integrity

2. Lack of appeal mechanism: The Bill does not provide a mechanism for individuals to challenge decisions made by immigration officers, raising concerns about potential misuse of power

3. Targeting political opponents: The provisions of the Bill could be used to deny entry or deport individuals based on political views or ideological leanings, including persons of Indian origin.

Earlier in the day, minister of state for home affairs Nityanand Rai introduced the Bill, describing it as a much-needed reform to replace outdated laws such as:

• The Foreigners Act, 1946

• The Passport (Entry into India) Act, 1920

• The Registration of Foreigners Act, 1939

• The Immigration (Carriers' Liability) Act, 2000

The Modi government claimed that the Bill aims to bolster national security, enhance immigration procedures, and impose stricter penalties on foreigners who violate entry and residency conditions.

Key provisions of the Immigration and Foreigners Bill, 2025

1. Tightened entry controls: Foreigners deemed a threat to national security, sovereignty, or integrity will be denied entry or permission to stay in India

2. Mandatory registration: Foreign nationals will be required to register upon arrival, with restrictions on movement, name changes, and access to protected or restricted areas

3. Reporting obligations: Educational institutions, hospitals, and nursing homes must report foreign nationals to immigration authorities.

4. Heavy penalties for violations:

• Entering India without a valid passport or visa may lead to five years' imprisonment and a fine of up to Rs 5 lakh

• Using forged documents could attract two to seven years in jail, with fines between Rs 1 lakh and Rs 10 lakh

• Overstaying, violating visa conditions, or entering restricted areas could result in three years’ imprisonment and a fine of up to Rs 3 lakh

5. Transporter liability: Transport carriers bringing foreigners without valid documents can face fines of up to Rs 5 lakh and possible seizure of the vehicle if penalties are not paid. They will also be responsible for the deportation of foreigners denied entry

6. Expanded powers for immigration officers: Officers will have the authority to arrest individuals without a warrant and the Central government can regulate the movement of foreigners. Furthermore, individuals will be prohibited from leaving the country if an authorised agency requires their presence

While the government claims the Bill is necessary to curb illegal immigration, especially from Bangladesh and Myanmar, Opposition parties have raised serious concerns.

The Congress has warned that the law could be used arbitrarily to target individuals based on their political affiliations or ideological stance.

Trinamool Congress, an INDIA bloc ally, has also opposed the Bill, arguing that it will stifle the inflow of talent, particularly in academia and medical sciences.

The Bill is expected to be debated further in Parliament in the coming days, with Opposition parties gearing up to challenge several provisions they deem as overreaching and unconstitutional.