Immigration Bill ‘violative of fundamental rights’: Tewari

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Tewari, who represents Chandigarh in Parliament, also raised concerns over provisions that grant the government sweeping powers to restrict the movement of individuals, particularly those whose views differ from the ruling establishment. He insisted that the Bill must be in line with constitutional provisions and should be thoroughly examined before being passed.

One of the key provisions of the Bill allows the Centre to deny entry to any foreigner on broad grounds, including national security, sovereignty, integrity, foreign relations, public health or any other reason specified by the Centre. Tewari argued that this “omnibus power” could be misused to target dissenters, including Persons of Indian Origin (PIOs).

Referring to Clause 3(1) of the Bill, Tewari pointed out that it does not provide any appeal mechanism against an immigration officer’s decision. This, he said, violates the fundamental principles of natural justice.

“The first proviso of Clause 3(1) gives the government absolute discretion to prohibit the entry of any foreign national, including PIOs. This provision could be misused against individuals whose political views or ideological beliefs differ from those of the ruling dispensation. Such a move would be a clear violation of Article 14 of the Constitution, which guarantees equality before the law, including for foreigners,” Tewari argued.

Taking to social media, Tewari called the Bill “pernicious and repressive”, alleging that it weaponises immigration laws to arbitrarily deny entry to individuals opposed to the government.

“This Bill will allow the government to bar foreigners, NRIs and PIOs purely on ideological grounds. We have already seen this happening during the farmers’ agitation, when NRIs and PIOs who supported the protests were denied entry or deported from Indian airports,” he wrote in a post on X (formerly Twitter).

Trinamool Congress MP Sougata Ray also opposed the Bill, particularly a provision that obligates universities, hospitals and other institutions to report any foreign nationals they admit.

“This will restrict the inflow of talent and expertise in academics and medical sciences,” he warned.

Ray also criticised the Bill for introducing stricter fines for illegal entry, overstaying and document fraud, contradicting the government’s broader push to decriminalise certain laws.

“While the government claims to be decriminalising laws, this Bill does the opposite — it makes immigration laws even more stringent for foreigners,” he said.

Despite these objections, the Bill was introduced in Parliament.