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Illegal Immigration- Legal Provisions | Citizenship Act | NRC | Foreigners Act | Passport Act – Free PDF

Illegal Immigrants –
Relevant Provisions

The Issue-

  • PIL Seeking directions to Center and State Governments Regarding  Deportation of Illegal Migrants was filed in the Supreme Court- Opposed by Jharkhand Government.
  • In his PIL, Petitioner sought direction to State  and Centre to identify, detain and deport all the illegal immigrants, including Bangladeshis and Rohingyas.
  • Also sought to amend the laws concerned with Citizenship in a way that makes illegal immigration and infiltration a Cognizable, Non-Bailable and Non-Compoundable offence.
  • In its reply, Jharkhand Government submitted that it has already set up detention centers, deportation centers and camps to check the movement of illegal immigrants or foreign nationals.
  • Legal Provisions-

Important Acts here are –

  1. Citizenship Act of 1955 – acquisition and termination of citizenship
  2. NRC (National Register for Citizenship) read with the Citizenship Amendment Act, 2019
  3. Foreigners Act, 1946
  4. Passport (Entry into India) Act, 1920.

Citizenship Act of 1955

  • Talks about Acquisition and Termination of Citizenship
  • can be acquired by birth, descent, marriage, acquisition of foreign territory by India and naturalization.
  • To acquire Citizenship by Naturalization-
  •  the person should have renounced the previous citizenship and must have stayed in India for twelve.
  • The Person should Not be an Illegal Migrant.
  • “Illegal migrant” means a foreigner who has entered into India-
  •  (i) without a valid passport or other travel documents as allowed by Government or
  • (ii) with a valid passport or other travel documents but remains therein beyond the permitted period of time.

Foreigners Act, 1946

  • Regulates the Entry into and Exit of foreigners into India.
  • This Act purports to confer upon the Central Government, the powers to make orders regarding all foreigners or regarding any particular foreign or a class of foreigners
  • Any national who remains in any area in India for a period exceeding the period for which the visa was issued to him or her can be proceeded against under section 14 of the foreigners act 1946
  • Foreigner who enters into or stays in any area India without a valid document required for such entry or for such stay, As the case may be,  can be proceeded against section 14 A(b) of foreigners at 1946
  • National Register of Citizens, 1951 is a register prepared after the conduct of the Census of 1951 in respect of each village to assign a serial number and indicate against each house or holding the number and names of persons staying therein.
  • The NRC was published only once in 1951.
  • Its purpose is to document all the legal citizens of India so that the illegal immigrants can be identified and deported.
  • mandated by the 2003 amendment of the Citizenship Act, 1955.
  • In 2014, India’s Supreme Court ordered the update of the 1951 NRC
  • The government has announced recently that the NRC is to be implemented nationwide, but it has not yet been implemented.

Passport (Entry into India) Act, 1920.

  • Puts forth that no foreigner can enter into India without a passport.
  • The police authorities can Exercise the power to arrest a foreign national living illegally in India in terms of Section 4 of passport act 1920

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