Which Act In Condition Power Goverment To Cancel Visa?

As per the laws governing visa and immigration in India, concrete legislation and rule empower the Central Government to regulate the entry, residence, and exit of foreigners. One of the most important laws that allow cancellation or Revoked Visa should be primarily from the Foreigners Act 1946. There are, however, several other newer legislations that supplement this power such as the Immigration and Foreigners Act 2025. This article considers the basis on which the Indian government would exercise such powers and focuses on some of the statutory powers as well as their application, including for citizens of Commonwealth nations.

What Power Does This Act Give to the Government?

The Foreigners Act of 1946 is possibly one of the most extensive pieces of legislation governing the presence of foreigners in India. The wide powers under Section 3 grant the Central Government the right to make provisions for the prohibition, regulation, or restriction of entry of foreigners into India. This may include such powers as the granting, cancellation, and alteration of visa conditions. 

Some of the specific powers include:

• Revoking visas any time for any reason.
• Deportation of persons violating the visa conditions or jeopardizing national security.
• Detention of foreigners pending deportation under Section 14A.
• Foreign nationals are required to report to specified authorities as stated in the Registration of Foreigners Act 1939. 

These provisions illustrate that visa rights in India are not absolute but conditional based on the government's discretion and satisfaction with security, public order, and international relations. 

Similarly, the Passport (Entry Into India) Act provides yet another reason for entry refoulment and cancellation when someone enters India otherwise than by valid travel documents or overstaying his visa period. 

The newly formed Immigration and Foreigners Act 2025 consolidates and modernizes many of these powers. It lays down specific powers for the Central Government to frame national immigration policy, impose penalties for illegal entry or overstay, and provide a simpler structure for deportation proceedings.

What Is the Foreigners Act 1946 in India?

Well, the Foreigners Act 1946 was a pretty outdated legislation even in the times of the British rule and continued to be useful for years after independence in handling foreign visitors. This definition stipulates that foreigners are persons other than Citizens of India, and thus delineates their rights and obligations under the domestic law during their stay in India. 

The main sections are as below:

• Section 3: Empowers the government to control the presence and movement of foreigners in the country. 
• Section 7: Used to impose limitations on foreign nationals. 
• Section 13: Provides penalties for contravention of rules or orders made under this Act.
• Section 14A: The procedure for arrest, detention, and deportation is discussed here.

In order to provide safe and controlled emigration for all foreign nationals arriving under the Foreigners Act of 1946, the Act operates in tandem with the Emigration Act of 1983, which addresses Indian residents looking for work overseas. 

Furthermore, the Immigration Carriers Liability Act 2000 places the onus of responsibility on the airlines and carriers for ensuring that persons they transport to India hold valid visas and travel documents. Penalties for noncompliance would be stiff. 

The Immigration and Foreigners Act 2025 aims to consolidate this whole subject in one set of legislation. Though yet to be fully operational in some states, it empowers the government to tackle the latest immigration challenges, which range from terrorism threats to economic migration.

Citizens of Commonwealth Countries

• The visa laws for citizens of Commonwealth countries are somewhat relaxed, but these laws are still governed by the same legal framework. An advantageous situation has, in many cases, been extended to Commonwealth citizens by India, yet such privilege does not exempt them from complying with Indian immigration laws.
• Commonwealth citizens must also possess a valid document in order to enter India lawfully, as stipulated by the Passport (Entry into India) Act. The Central Government might, however, under some bilateral agreement, grant them certain waivers or privileges with a visa, for example, issuance of SAARC Visas with somewhat lesser procedures or restrictions, especially for cultural or diplomatic exchanges. 
• However, if a Commonwealth person violates the terms of their visa or endangers the public's safety, their visa may be cancelled. The Immigration and Foreigners Act 2025 makes it very evident that all foreign nationals, regardless of their country of origin, are entitled to the same privileges when it comes to obtaining and cancelling visas.

Balancing Fundamental Rights

• The empowering provisions in such statutes, even though allowing the Indian state to act seemingly arbitrary at times, are, in their exercise, subject to Constitutional provisions. Article 21 provides for the right to life and personal liberty and, therefore, guarantees all foreigners in India fair judicial procedures. Article 21A gives the right to education, thus constituting a stronger framework of basic human dignity, justifying all actions carried out by the state.
• The denial of this right has been similarly asserted by the courts maintaining that the issuance of visas is more of a sovereign function. In several cases, Indian courts have held that a foreigner cannot claim a right to stay in India without valid documentation and that deportation or Revocation of Visa procedures carried out according to law will not violate Article 21.

The Immigration and Foreigners Act 2025, which was passed in 2025, is modernizing and simplifying India's immigration system. It repeals gradually over time the Foreigners Act 1946, the Passport (Entry into India) Act, and the Registration of Foreigners Act 1939 so as to ensure clarity in the visa regulation regime. 

The Act invests wide-ranging powers in the Central Government to regulate the entry, presence, and exit of foreigners. SAARC visas for Nationals, visas for Commonwealth Nationals, and visas for any foreign national are privileges that remain in the state and may, on grounds of law, security, or even contested diplomatic considerations, be wasted or varied.

It is true that foreign nationals are entitled to specific protection under Indian law; nevertheless, they are expected to follow the laws. Any act of contravening the laws may invite Penalties, Deportation, or Revoked Visas, all of which have a legal backing from acts such as Immigration and Foreigners Act 2025, Section 3, Section 13, and other provisions that have given expression to the sovereign right of the nation. 

As older laws are repealed and new structures evolve, these foreign nationals must be aware of the changes to stay compliant in order to stay legally in India.

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