Central Government Delegates Powers Under Immigration and Foreigners Act, 2025

The Ministry of Home Affairs issued a significant notification, S.O. 3998(E), on September 1, 2025, which was subsequently published in the Official Gazette on September 2, 2025. This notification, a form of delegated legislation, came into force immediately upon its publication. Issued in exercise of the powers conferred by section 28 of the Immigration and Foreigners Act, 2025 (Act 13 of 2025), it marks a crucial step in the administration of immigration and foreigner-related matters across India. The primary purpose of this instrument is to supersede a series of older notifications, some dating back to 1958, including S.O. 590 and S.O. 591 of 1958, G.S.R. 950 of 1960, G.S.R. 580 of 1976, G.S.R. 528(E), G.S.R. 529(E), G.S.R. 530(E) of 1988, G.S.R. 605(E) of 2000, and S.O. 242(E) and S.O. 842(E) of 2001. This supersession, however, preserves actions taken or omitted under the previous notifications.

The notification directs that the powers and functions previously exercised or performed by the Central Government under the Immigration and Foreigners Act, 2025, the Immigration and Foreigners Rules, 2025, and the Immigration and Foreigners Order, 2025, shall now also be exercised or performed by various other authorities. These include the Governments of all States and Union territories, the Commissioner of the Bureau of Immigration, and Foreigners Regional Registration Officers and Foreigners Registration Officers. The extent of these delegated powers is precisely delineated in a table within the notification. For instance, State Governments and Union territories are empowered under sub-section (2) of section 7 and sections 13 and 29 of the Act, as well as sub-rule (1) of rule 10 of the Rules. The Commissioner, Bureau of Immigration, receives broader powers, including those under the Immigration and Foreigners Order, 2025, with specific paragraphs excluded from the delegation. The exercise of these delegated powers is subject to three key conditions: the entry or exit of a foreigner must occur only through a designated immigration post when exercising powers under clauses (a) and (b) of sub-section (2) of section 7 of the Act; the Central Government retains the authority to modify or cancel any order issued by the delegated authorities; and all delegated authorities must comply with general or special directions issued by the Central Government from time to time.

The legislative intent behind this notification is to streamline and decentralize the administration of immigration and foreigner affairs following the enactment of the new Immigration and Foreigners Act, 2025. By superseding a multitude of older notifications, the Central Government aimed to consolidate and update the framework for power delegation, ensuring consistency and efficiency in the implementation of the new statutory framework. This move addresses the need to align administrative responsibilities with the provisions of the 2025 Act, which likely introduced changes to the previous legal position. The delegation seeks to empower state-level authorities and specialized agencies like the Bureau of Immigration to effectively manage immigration processes, thereby enhancing the reach and operational effectiveness of the Act. The Central Government, however, maintains crucial oversight through the specified conditions for exercising these powers. The legislation provided: “...the Central Government hereby directs that the powers and functions exercised or performed by it under the said Act, the Immigration and Foreigners Rules, 2025 and the Immigration and Foreigners Order, 2025, shall also be exercised or performed by the State Governments, Union territory Administrations and authorities mentioned in column (2) to the extent indicated in column (3) of the Table below...” This strategic delegation ensures that while administrative burdens are distributed, a unified national policy on immigration and foreigners is maintained through central guidance and control.

Keywords: Immigration and Foreigners Act, 2025, Ministry of Home Affairs, Delegation of Powers, State Governments, Bureau of Immigration, Notification, Central Government, Foreigners Rules, Foreigners Order Geo Tags: India District: Not Applicable