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Internal Security Architecture Shortcomings – Key Forces, NIA, IB, CCTNS, etc.

Immigration and Foreigners (Exemption) Order, 2025

Prelims Only | Security Issues | Mains Paper 3: External State & Non-State Actors: Challenges To Internal Security.

Why in the News?

The Ministry of Home Affairs (MHA) has issued the Immigration and Foreigners (Exemption) Order, 2025, notified under Section 33 of the Immigration and Foreigners Act, 2025.

What is Immigration and Foreigners Act, 2025?

  • Enactment: Passed by Parliament, effective 1 Sept 2025.
  • Objective: Unifies scattered immigration laws into a single framework, balancing national security, demographic protection, humanitarian obligations, and economic openness.
  • Repeals: Passport (Entry into India) Act, 1920; Registration of Foreigners Act, 1939; Foreigners Act, 1946; Immigration (Carriers’ Liability) Act, 2000.
  • Key Provisions:
    • All foreigners must enter, stay, exit with valid passport & visa, unless exempted.
    • Digital system with biometrics, AI-based monitoring, and real-time agency coordination.
    • New visa categories: Skilled Talent, Startup, Investor, Digital Nomad, Business Plus.
    • Mandatory reporting by hotels, landlords, universities, hospitals on foreign guests/students/patients.
    • Entry to protected/restricted areas subject to special permits; mountaineering expeditions need prior approval.
  • Penalties: Up to 7 years imprisonment and â‚ą10 lakh fine for forged documents; detention centres allowed for illegal foreigners till deportation.
  • Institutions:
    • National Immigration Authority for policy and central database.
    • Bureau of Immigration, led by Commissioner, for operations.

About Immigration and Foreigners (Exemption) Order, 2025:

  • Overview: Issued by Ministry of Home Affairs (MHA) on 1 Sept 2025 under Section 33 of the Immigration and Foreigners Act, 2025.
  • Objective: Consolidates earlier scattered exemptions to simplify rules, enable regional mobility with Nepal & Bhutan, extend humanitarian relief to refugees/persecuted minorities, and provide legal clarity to carriers.
  • Replaces: The Registration of Foreigners (Exemption) Order, 1957 and Immigration (Carriers’ Liability) Order, 2007.
  • Exemptions:
    • Indian Armed Forces members on duty and families using govt transport.
    • Indian citizens entering via Nepal/Bhutan borders.
    • Nepal & Bhutan citizens (except if entering from China, Hong Kong, Macau, Pakistan).
    • Tibetans registered with India, religious minorities from Afghanistan, Bangladesh, Pakistan (who entered before Dec 31, 2024), and Sri Lankan Tamils sheltered till Jan 9, 2015.
    • Diplomats, visa-on-arrival nationals, foreign military personnel on goodwill or exercises.
  • Carriers’ Liability: Rail, road, air, sea operators exempted where forged documents need expert verification or ships/aircraft are diverted.
[UPSC 2021] With reference to India, consider the following statements:

1.There is only one citizenship and one domicile.

2.A citizen by birth only can become the Head of State.

3.A foreigner, once granted citizenship, cannot be deprived of it under any circumstances.

Which of the statements given above is/are correct?

Options: (a) 1 only* (b) 2 only (c) 1 and 3 (d) 2 and 3

 

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