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Report No. 175

The Foreigners (Amendment) Bill, 2000


S. No.



1. Report on the proposed Foreigners (Amendment) 3111, 2000 1-61
2. Annexure-I (The Foreigners (Amendment) B111, 2000 62-76
3. Annexure-II (Questionnaire) 77
4. Annexure-III (Responses of the States and Union Terr1tor1es) 73-81
5. References 82-84

1. Reference to the Law commission

Certain amendments to the Foreigners Act, 1946 were mooted by the Ministry of Home Affairs with a view to providing for classification of offences and making its penal provisions more deterrent. Keeping this in view, the Foreigners (Amendment) Bill, 1998 was introduced in Rajya Sabha on 28th Ju1y, 1998 by the Home Minister shri L. K. Advani. It was then referred to the Parliamentary Standing committee on Home Affairs which discussed the amendments at its meeting held on 10th September, 1998.

The Committee felt that the Government should undertake an in depth study regarding the efficacy of the proposed amendments in checking infiltration of foreigners from across the borders. The Committee favoured holistic approach in dealing with the violations of the provisions of the Act specifically with a view to effectively deal with the problem of infiltration. Various suggestions which 'came up in the discussion, inter alia, included the desirability of summary trials, setting up of special courts, making grant of bail more difficult, etc.

The suggestions made by it raised important questions of law which involved the national security interests. Consequently, on 30th September, 1998 the Minister of Home Affairs referred this matter to the Ministry of Law, Justice and company Affairs for the consideration of the Law Commission. The Ministry of Law, Department of Legal Affairs, referred the proposed amendments for the detailed examination by the Law Commission of India on 16 February, 1999. The issue has attained importance and urgency in the context of the problem posed by illegal migration especially from across the borders and delicate security situation arising there from.

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