Report No. 43

5.18. Modifications required in section 4, Foreign Recruiting Act.-

Existing section 4 of the Foreign Recruitment Act, however, is very wide in two respects. First, as the Central Government is given unlimited power to prohibit recruiting for service of any foreign State or to impose conditions on such service, the section is not confined to military service, and covers all kinds of non-military service. Secondly, it does not specify the considerations which should weigh with the Government in issuing a prohibition or restriction. In our opinion, the section needs to be modified, in both these respects.

Apart from any objections that could be raised from the constitutional point of view with reference to Article 19(1)(g) of the Constitution, such a wide power is not needed now. Need for restrictions on civil service under a friendly foreign State1 is extremely improbable, at the present day. Even as regards restrictions for enlistment, in service in the armed forces of a foreign State, there should be some criterion on which the Central Government could act. We think that the interests of national security or maintenance of friendly relations with foreign States are adequate criteria in this context.

1. As to service in an enemy country during war, see para. 5.5, above.