Why in News: MHA notified Rules & Orders under the Immigration and Foreigners Act, 2025, giving new powers to Foreigners Tribunals and granting exemptions to certain groups.
Introduction
- The Immigration and Foreigners Act, 2025 consolidates and replaces multiple colonial-era legislations to provide a uniform framework for regulating foreigners, immigration, visas, and registration.
New Powers and Institutional Roles
Foreigners Tribunals (FTs):
- Granted powers of a First-Class Judicial Magistrate.
- Can issue arrest warrants and send individuals without valid nationality proof to detention centres.
- Ex-parte orders may be set aside if reviewed within 30 days.
- Membership capped at three per tribunal.
- Currently, 100 FTs operational in Assam, expanded after NRC 2019.
Bureau of Immigration (BOI):
- Legally designated for the first time.
- Can investigate immigration fraud.
- Maintains national immigration database.
- Coordinates with States on deportation and movement restrictions.
Educational Institutions:
- Must report foreign students’ attendance, academic performance, and conduct.
- Strengthens academic oversight for visa compliance.
Border Guarding Forces:
- BSF, Assam Rifles and Coast Guard legally empowered.
- Can push back illegal entrants at borders.
- Must record biometric and demographic details before repatriation.
Exemption Orders
Exempted Categories:
- Citizens of Nepal and Bhutan.
- Tibetans already settled in India.
- Sri Lankan Tamils sheltered in India up to January 9, 2015.
- Six minority communities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Afghanistan, Bangladesh, and Pakistan, if entered without valid documents before December 31, 2024.
Conclusion
The 2025 Act marks a shift from fragmented colonial laws to a consolidated immigration framework. It strengthens tribunals and border agencies, institutionalises biometric and academic monitoring, while balancing humanitarian exemptions with national security concerns.
UPSC Relevance
GS Paper 2 – Governance, Constitution, Polity, Social Justice & IR
- Role of tribunals and judicial oversight in citizenship matters.
Mains Practice Question
Q. Discuss the significance of the Immigration and Foreigners Act, 2025 in streamlining India’s immigration framework. How do the new powers of Foreigners Tribunals and exemption provisions balance national security with humanitarian concerns? (250 words)