New Delhi, 2 April

The Immigration and Foreigners Bill 2025 sends a message that all foreigners are 'potential criminals' who are to be viewed with serious suspicion by India, Congress MP Abhishek Manu Singhvi said, in the Rajya Sabha on Wednesday.

Opposing the Bill, which was passed by the Lok Sabha on 27 March, he demanded that it be sent to a Standing Committee as it delegates excessive power to lowly officials and lacks provisions for appeal, oversight, and accountability, among other things.

'I rise to oppose this Bill and seek substantial changes in its pernicious character. It is clearly designed for ulterior motives by a control freak government bent upon sending out a message of fear through the architecture of omniscient, Orwellian surveillance for foreigners,' Singhvi said.

The proposed legislation elevates a constable to the level of a super commissioner and 'gives a license for harassment,' all based on the fundamentally false assumption that foreigners have no rights under the Indian Constitution, he said.

Not only does the Bill empower the central government to refuse entry to or deport any foreigner on the grounds of national security, sovereignty, integrity of India, foreign relations, and public health, but also on such other grounds as the central government may specify, he said.

'Theoretically, grounds can be added to deny entry or stay in India,' he added.

The Congress MP also opposed a provision that states that the decision of the immigration officer in this regard shall be final and binding.

He said the Bill empowers the immigration officer to examine the passport or other travel documents and visa of a foreigner during entry into, transit through, stay in, and movement within India, and also requires one to furnish such information as may be necessary and appropriate.

He further said, 'Is this not the worst kind of license for arbitrariness, for harassment, for fear and intrusive behaviour by a bureaucracy already known for its excessive(ness) and already functioning under a control freak government?'

'Personally, I don't care if you subject Pakistani visitors to it. But should we be even remotely moving in the (this) direction for all other countries?' he added.

'This Bill sends a message that all foreigners are potential criminals to be viewed with serious suspicion by India... India is to act as an unwelcome fortress for its unwanted non-guests, Singhvi said.

He demanded that the Bill be sent to a standing committee for review.

Earlier, speaking in the Lok Sabha on 27 March, Union Home Minister Amit Shah rejected opposition members' demands for referring the Bill to a parliamentary panel, saying they had sufficient time to give suggestions during the period between the proposed legislation's introduction and its tabling for discussion and passage in the House.

Singhvi said the government's approach can only be ascribed to a mindset treating foreigners not as individuals with dignity and respect but as 'objects of contempt and disgust.'

Highlighting constitutional provisions such as the right to equality, life, and liberty, he said the Constitution guarantees several rights to non-citizens, as much as to citizens.

'I have no doubt that in its current form, this Bill will face judicial invalidation in the next few years, if passed the Congress MP said.

He said he hoped that Shah would heed his advice and refer the Bill to the appropriate standing committee.

'Otherwise, we will have to say, guilty till proven, jailed on a guess; justice here is a game of chess. Injustice dressed as immigration law is still injustice. It is a Bill in the name of law and order, but is in the service of chaos,' he said.

Sushmita Dev of the Trinamool Congress also opposed the Bill and demanded its scrutiny by a committee.

BJP's Rekha Sharma supported the Bill, saying that it is a bold and necessary step towards securing the country's border and protecting its economy and rich culture that make India truly unique.

The Bill provides for mandatory reporting of information about foreigners by hotels, universities and other educational institutions, and hospitals and nursing homes to enable tracking of those overstaying.

It also says that any foreigner who enters any area in India without a valid passport or other travel document, including a visa, in contravention of provisions of the law or of any rule or order given in pursuance thereof, shall be punishable with an imprisonment for up to five years or with a fine up to Rs 5 lakh or with both.

The legislation empowers the central government to exert control over places that are 'frequented by any foreigner' and requires the owner to close the premises, permit its use under specified conditions, or refuse admission to all or a 'specified class' of foreigners.