IMMIGRATION

Further, due to globalization, people have started migrating in large numbers for better economic, political, and social stability. India being a country of mixed races and culture, immigrants from several countries are attracted towards it. In simple terms, immigration is the movement of people from one country to another for long-term settlement. However, this process of immigration is challenging because acquiring citizenship of the host country and availing the fundamental rights to the country they have migrated to is a long and complex process. Several laws and policies have been formulated to address the issues regarding restrictions of getting citizenship and its process.

Here, it must be noted that India's immigration laws are mainly governed by the provisions of the Constitution of India. The Constitution of India renders ‘single citizenship’, and the provisions relating to citizenship are contained in Articles 5 to 11 in Part-II of the Constitution of India. Further, Articles 5 to 9 of the Constitution determine persons' status as Indian citizens, and Article 10 provides for their continuance as such citizens. However, this continuing citizenship is subject to the provisions of any law that the legislature may enact. Furthermore, according to Article 11, the Constitution has empowered Parliament to make any provision regarding the acquisition and termination of citizenship and all other matters relating to citizenship.

In India, the Bureau of Immigration handles the immigration services at the major International Airports and the Foreigners' Regional Registration that work in five major cities: Delhi, Mumbai, Kolkata, Chennai, and Amritsar. The field officers called Foreigners Regional Registration Officers (FRROs) are in charge of immigration and registration activities at Delhi, Mumbai, Kolkata, Chennai, and Amritsar. The Districts Superintendents of Police in all the states in the country that handle the immigration and registration functions act as Foreigners Registration Officers (FROs).

It is pertinent to note that the Foreigners Act, 1946 is the principal Indian legislation regarding foreigners. The legislation provides for framing relevant rules regulating the registration of foreigners and stipulates strict formalities concerning the presence and movement of foreigners in India and their subsequent departure. The Act of 1946 has conferred upon the Central Government the power to expel foreigners from the country. The Central Government has absolute discretion in this regard, and there is no other provision fettering this discretion in India's Constitution. This legislation was discussed in the case of Khalil Ahmad v. the State of UP in 1962. The case reflected upon the particular security concerns of Indian officials when dealing with Pakistani citizens.

Lastly, it is necessary to understand that even though there is no specific rule for obtaining a 'permit' by a foreigner from the Registration Officer, every foreigner entering India must present to the Registration Officer a registration report of his or her arrival in India. Based on this report, they are granted a certificate of registration which the Registration Officer duly endorses. This certificate of registration acts as a 'permit' issued to the foreigner. It indicates the date of his or her arrival and the period during which he or she is permitted to stay in the country. The Calcutta High Court has upheld this rule in the case of AH Magermans v. SK Ghose, wherein the petitioner had not only failed to get himself registered in India, but he did not file any application for extension of his visa as well. 

Author: Jinal Vyas