The Immigration and Foreigners Act, 2025 consolidates India's immigration law but expands executive discretion. Critically analyse.

The Immigration and Foreigners Act, 2025 (Act No. 13 of 2025) replaced four separate immigration laws with a single code [1]. It modernises border management. However, it also widens executive discretion and shields it from challenge. The answer to that is procedural safeguards, not rolling back the law.

Consolidation: the gains

• Four laws in one: It repeals the Passport (Entry into India) Act 1920, the Registration of Foreigners Act 1939, the Foreigners Act 1946 and the Immigration (Carriers' Liability) Act 2000 (s.36). This ends overlap between them [1].
• Statutory Bureau of Immigration (s.5): entry control now has a clear legal basis [1].
• Data-led screening: Carriers must share passenger manifests, advance passenger information and PNR records (s.17) [1].
• Graded deterrence: Entering without documents carries up to 5 years in jail or a fine up to ₹5 lakh. A forged visa carries 2–7 years in jail and a fine of ₹1–10 lakh (ss.21–22) [1].
• Legislative oversight: Rules made under the Act must be laid before both Houses of Parliament (s.31) [1].

Wider executive discretion: the concerns

• Open-ended inadmissibility: The Act lists security, sovereignty, foreign relations and public health as grounds to refuse entry. The Centre may also add "such other grounds" on its own, and the Immigration Officer's decision is "final and binding" (s.3) [1].
• No duty to give reasons: In 2026 the Delhi High Court held that a foreigner has no legally enforceable right to enter India [3]. In that case the petitioner said entry was refused without a written order [3]. When no reasons are recorded, arbitrariness under Article 14 is almost impossible to prove.
• Policing powers pushed down the ranks: A Head Constable may now arrest without a warrant, where earlier the lowest rank was Sub-Inspector [2]. Officers may also use force and enter "any land" (s.27), and are protected for acts done in good faith (s.32) [1].
• More surveillance: Universities and hospitals must report the foreigners they admit (ss.9–10) [1].
• Little scrutiny: Parliament passed the Bill in about three weeks. It was introduced on 11 March 2025 and cleared by the Rajya Sabha on 2 April [2].

On balance, the Act gives India a coherent, technology-ready border regime. However, it concentrates power in the executive that courts can rarely review. Three safeguards would help:

• notify every "other ground" in published rules;
• record reasons on file for each refusal, kept sealed in security cases, so that High Courts can check the process under Article 226;
• supervise warrantless arrests by junior officers.

These steps would let India keep sovereign control of its borders while respecting the Article 14 and 21 guarantees that cover every person, including foreigners.