In a strong condemnation of the Immigration and Foreigners Act 2025, Abhishek Manu Singhvi, Congress Rajya Sabha MP and renowned Supreme Court lawyer, has described the legislation as both unconstitutional and Orwellian. Singhvi, speaking in an interview with Karan Thapar on The Wire, expressed his grave concerns about the Act, calling it a license to harass, detain, and deport foreigners without proper justification or remedy.

The Orwellian Nature of the Act

Singhvi argued that the Immigration and Foreigners Act goes beyond the realm of immigration management and instead institutionalizes unchecked government power. He likened it to the Kafkaesque and Orwellian imagery, suggesting that its provisions allow the government to exert totalitarian-like control over foreigners, transforming them from guests to intruders in India. This, according to Singhvi, represents a deep threat not only to foreigners but to the very essence of Indian democracy.

Section 3: A Blank Cheque for the Government

One of the most concerning aspects of the Act, according to Singhvi, is Section 3, which he claims grants the Indian government a blank cheque to define, detain, and deport any foreigner deemed inconvenient. Under this section, any foreigner can be arbitrarily cast out from the country with no questions asked. Furthermore, Singhvi highlighted that the immigration officer’s decision in such cases is final and binding, with no provision for appeals or oversight, leading to a lack of accountability in the process.

The Powers Under Section 7

Another worrisome provision of the Act is Section 7, which Singhvi describes as turning foreigners into subjects of total surveillance. The Act grants authorities the power to dictate a foreigner’s place of residence, who they may associate with, when they must report, and even how they must behave. Singhvi criticized this as treating foreigners not as guests but as intruders, subject to an overwhelming level of control by the Indian government.

Section 14: Guilt by Association

Perhaps the most alarming provision is Section 14, which grants the government the power to shut down any premises frequented by foreigners. Singhvi expressed his concern that this is tantamount to guilt by association, allowing authorities to target entire premises without any evidence, charges, or specific thresholds for action. This could lead to arbitrary raids and the disruption of activities of those who have foreign visitors, significantly impacting freedom of association.

Section 15: The Power to Decide Nationality

Under Section 15, Singhvi pointed out the government’s power to determine a foreigner’s nationality, potentially creating situations where authorities could choose which country to anchor a foreigner to, especially in cases where the individual holds dual passports. Singhvi criticized this as an infringement on personal liberty, calling it an overreach of governmental authority into the lives of individuals.

The Rise of Authoritarian Powers

Finally, Singhvi raised concerns about Section 26, which he describes as empowering the lowest rung of authority, the head constable, by giving them the coercive powers of a super-commissioner. Singhvi argued that this could create an atmosphere where unchecked authority at lower levels could have a disproportionate impact, leading to the abuse of power.

Concerns About Future Implications

Singhvi’s concerns extend beyond foreigners. He warned that while the Act may currently target foreigners, the shadow it casts could eventually extend to Indian citizens as well. He feared that such legislation, once normalized, could lead to the erosion of civil liberties within the country. According to Singhvi, this unconstitutional Act could pave the way for further encroachments on individual freedoms, creating an environment of constant surveillance and state control.

Conclusion

Singhvi’s criticism of the Immigration and Foreigners Act 2025 underscores a growing concern about the balance between national security and individual rights. He argues that the Act represents an unprecedented consolidation of power by the state, with provisions that allow for arbitrary decisions and lack of accountability. This, Singhvi believes, could set a dangerous precedent for future laws and policies in India, potentially leading to the criminalization of foreignness and the normalization of state control over individual lives.

As the debate over the Act continues to unfold, the implications for India's legal landscape and its relationship with foreigners remain a deeply contentious issue.

Start your Stock Market Journey and Apply in IPO by Opening Free Demat Account in Choice Broking FinX.

Join our Trading with CA Abhay Telegram Channel for regular Stock Market Trading and Investment Calls by CA Abhay Varn - SEBI Registered Research Analyst.