Question 1

The Citizenship Act of 1955 directly governs the entry, visas, and exit of foreign nationals in India.

Accepted Answer

The Citizenship Act strictly deals with acquiring, registering (e.g., OCI), or losing Indian citizenship. Entry, stay, visas, and exit are governed by immigration laws, specifically the new Immigration and Foreigners Act, 2025.

Question 2

Under Indian law, the burden of proving that a person is an illegal immigrant lies with the police or the State.

Accepted Answer

Under the new Act (continuing the legacy of the Foreigners Act, 1946), the burden of proof lies entirely on the individual suspected of being a foreigner to prove their legal status.

Question 3

Consider the following statements regarding the Immigration and Foreigners Act, 2025:
1. It repeals both the Foreigners Act, 1946, and the Citizenship Act, 1955, to create a single consolidated code.
2. It places the burden of proof on the individual to establish that they are not a foreigner or are staying legally in India.
3. It gives statutory backing to the Immigration, Visa and Foreigners Registration and Tracking (IVFRT) system.
How many of the above statements are correct?

Accepted Answer

(b) Only two — Statement 1 is incorrect because while it repeals four legacy immigration laws (1920, 1939, 1946, and 2000 Acts), it DOES NOT repeal the Citizenship Act, 1955, which remains separate. Statements 2 and 3 are correct; the Act explicitly shifts the burden of proof to the individual and provides a legal, statutory framework for the digital IVFRT tracking system.

Question 4

Match the Legacy Acts repealed by the Immigration and Foreigners Act, 2025 (List I) with their primary historical function (List II):

List I:
A. Passport (Entry into India) Act, 1920
B. Registration of Foreigners Act, 1939
C. Foreigners Act, 1946
D. Immigration (Carriers' Liability) Act, 2000

List II:
1. Penalized airlines and shipping companies for transporting passengers without valid travel documents.
2. Granted the Central Government sweeping powers to deport or restrict the movement of foreign nationals, enacted shortly after WWII.
3. Empowered authorities to require foreign nationals to report their presence to a prescribed authority.
4. Originally enacted during British rule to mandate that persons entering India must possess passports.

Accepted Answer

(a) A-4, B-3, C-2, D-1 — A matches 4: The 1920 Act fundamentally required passports for entry into India. B matches 3: The 1939 Act established the reporting and registration framework for foreigners. C matches 2: The 1946 Act gave the executive broad powers to regulate, restrict, and deport foreigners. D matches 1: The 2000 Act specifically held commercial carriers liable for undocumented passengers.

Question 5

Assertion (A): The Immigration and Foreigners Act 2025 introduces stringent penalties and allows arrests for foreign nationals residing in India without valid travel documents.
Reason (R): Foreign nationals present in Indian territory are completely excluded from the protection of Part III (Fundamental Rights) of the Indian Constitution.

Accepted Answer

(c) A is true but R is false. — Assertion (A) is true as the 2025 Act imposes harsh penalties (up to 5 years in jail and a Rs 5 lakh fine) for undocumented entry and stay. Reason (R) is false because foreign nationals DO enjoy certain Fundamental Rights in India, most notably Article 14 (Equality before law) and Article 21 (Protection of life and personal liberty), even though rights like Articles 15, 16, 19, 29, and 30 are reserved exclusively for citizens.

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