Immigration and Foreigners Bill, 2025, EXPLAINED

The Immigration and Foreigners Bill, 2025, does not redefine who an Indian citizen is. Rather, it relies on existing laws like the Citizenship Act, 1955, which was amended in 2019 to accommodate religious minorities from Pakistan, Bangladesh and Afghanistan who applied for Indian citizenship on the grounds of being persecuted in the named countries.

The newly proposed law defines a foreigner as someone who is not a citizen of India, consistent with the previous Foreigners Act, 1946. The bill focuses on regulating the entry, stay, and departure of foreigners, with no new criterion for citizenship.

Overview of Immigration and Foreigners Bill

The Immigration and Foreigners Bill, 2025, introduced in the Indian parliament, aims to modernise and streamline immigration laws, as stated by Home Minister Amit Shah. It replaces four older acts, focusing on foreigners' entry, stay, and exit, but does not alter the definition of Indian citizenship.

This way, it is an exercise in rationalising Indian statutes dealing with one issue — that of Indian citizenship.

How the bill works

The bill establishes a new legal framework for managing foreigners in India, including

• Requiring valid visas and travel documents for entry and exit, checked by immigration officers;
• Setting up a Bureau of Immigration to handle visa issuance and regulate movement;
• Mandating registration for foreigners upon arrival and imposing restrictions on their movements and activities; and
• Introducing stricter penalties, such as fines up to ₹5 lakh for unauthorized entry and up to ₹10 lakh for using fake passports.

This framework aims to enhance national security and streamline processes, with provisions to deny entry to foreigners posing threats to sovereignty or public health.

Impact on citizenship and definition of foreigner

The bill does not freshly define who is an Indian citizen, leaving that to existing laws like the Constitution and Citizenship Act, 1955. It defines a foreigner simply as someone not a citizen of India, mirroring the definition in the repealed Foreigners Act, 1946. This means no new criteria for citizenship are introduced, and the focus remains on regulating non-citizens.

An unexpected detail is that the bill places the burden of proof on individuals to show they are not foreigners, possibly affecting how nationality disputes are handled, especially for those with dual citizenship, where nationality is determined by the passport used for entry.

This contrasts with the now-scrapped Illegal Migrants (Determination by Tribunals) (IMDT) Act, where the onus was on the Indian nation-state to prove a suspect was not an Indian. The IMDT was brought in by the Indira Gandhi government in 1983. The Supreme Court struck it down in 2005 in the Sarbananda Sonowal vs Union of India case.

The Immigration and Foreigners Bill, 2025, introduced in the Lok Sabha on March 11, 2025, and passed on March 27, 2025, is an overhaul of India's immigration framework. The following is how the bill operates and its implications for defining Indian citizens and foreigners, drawing on available legislative details and public discourse as of March 31, 2025.

Background and purpose

The bill seeks to replace four outdated laws: the Passport (Entry into India) Act, 1920; the Registration of Foreigners Act, 1939; the Foreigners Act, 1946; and the Immigration (Carriers’ Liability) Act, 2000. These laws, primarily from the pre-independence era, were enacted during extraordinary times like the World Wars and contain overlapping provisions, necessitating a consolidated and modern legal framework. The stated objectives include enhancing national security, streamlining immigration procedures, and imposing stricter penalties for violations.

The union home minister emphasised during debates that the bill welcomed tourists, students and business visitors while firmly addressing those posing security threats, stating, “India is not a 'dharamshala' (shelter home).” This reflects a balance between economic openness and security, aligning with India's ambitions to attract global talent and investment.

Operational mechanisms

The bill introduces several key mechanisms to regulate foreigners:

• Immigration and documentation: It mandates that persons entering or departing India must possess valid visas (for foreigners) and passports or other travel documents, subject to examination by immigration officers. The Central Government can notify designated immigration posts, manned by officers.
• Bureau of Immigration: A new Bureau of Immigration is established, with functions including visa issuance, regulation of entry, transit, stay, movement and exit. The Commissioner, appointed by the Central Government, supervises these operations.
• Registration and tracking: Foreigners must register upon arrival with a Registration Officer, and institutions like educational establishments and hospitals are required to report foreign nationals to authorities, enhancing tracking.
• Penalties and enforcement: The bill proposes hefty fines, such as up to ₹5 lakh for unauthorized entry and up to ₹10 lakh for using fake passports, with imprisonment terms for overstaying (up to three years) and other violations.

Additionally, immigration officers gain authority to arrest without a warrant for suspected violations, and decisions on denying entry based on national security or sovereignty threats are final, with potential Central Government revision.

Definition of citizen and foreigner

A critical aspect is whether the bill redefines who is an Indian citizen and who is a foreigner. Analysis of the bill's text reveals…

• Definition of a citizen: The bill does not provide a new definition of an Indian citizen. It implicitly relies on existing laws, notably the Indian Constitution and the Citizenship Act, 1955, which governs acquisition, termination, and registration as Overseas Citizens of India (OCI. This act has seen amendments in 1986, 1992, 2003, 2005, 2015 and 2019, addressing evolving citizenship policies, but the 2025 bill does not alter these.
• Foreigner definition: Clause 2(f) defines a foreigner as "a person who is not a citizen of India," consistent with the definition in the repealed Foreigners Act, 1946. This definition is not new but carried forward, relying on the existing citizenship framework.

Implications for citizenship and nationality determination

While the bill does not redefine citizenship, it includes provisions affecting how nationality is determined for foreigners:

• Clause 15 empowers civil authorities or immigration officers to determine the nationality of foreigners with dual citizenship based on the passport used for entry or closest connection, with decisions being final but revisable by the Central Government, as per the bill's text.
• Clause 16 places the burden of proof on individuals to demonstrate they are not foreigners or not of a particular class, overriding the Bharatiya Sakshya Adhiniyam, 2023, potentially impacting legal proceedings, as noted in the bill's details.

These provisions are very important for foreigners, especially those with dual nationality, where the bill specifies they will be considered citizens of the country whose passport they used to enter India.

This may be seen as an unexpected detail, as it introduces a practical mechanism for nationality determination that could affect consular access and legal rights, but it does not alter Indian citizenship criteria.

Opposition cries foul

The bill has sparked debate, with Opposition figures like Congress MP Manish Tewari arguing it violates constitutional provisions. Critics may raise concerns about extensive powers given to immigration officers and potential human rights implications, while the government defends it as essential for security and efficiency.

However, there is no large-scale controversy around the proposed law’s impact on citizenship, as it explicitly does not deal with granting citizenship, focusing solely on foreigners.

It is worth repeating that the Immigration and Foreigners Bill, 2025, does not freshly define who is an Indian citizen, leaving that to existing laws. It defines a foreigner as someone not a citizen of India, consistent with prior legislation, and introduces operational changes to regulate their entry, stay, and departure. The bill's focus on nationality determination for dual citizens and burden of proof shifts are notable, but they do not alter the citizenship framework, ensuring continuity with the Citizenship Act, 1955.