GS3 · 15 marks · 250 words

Illegal immigration poses a threat to India's democracy, sovereignty, and internal security. In light of this statement, discuss how the recently passed Immigration and Foreigners Act, 2025, helps in effectively addressing the issue of illegal immigration. What are the constitutional and potential human rights challenges associated with the Act?

Answered by 3 toppers · CSE 2023–2025

Syllabus: Role of external state and non-state actors in creating challenges to internal security.

How toppers approached it

From all 3 answers · about 250 words · 33% drew a diagram.

Opening

  • No separate opening2 of 3
  • A figure1 of 3

Body

  • Points2 of 3
  • Points and prose1 of 3

Close

  • A way forward2 of 3
  • A quotation1 of 3

The toppers’ answers

Pakshal SecretryAIR 8 · CSE 2025 · 163 wordsTheir whole copy

Opening · a figure

As per Census 2011, there were 11 million illegal immigrants living in the India.

Body · points and prose

Threat to Democracy, Sovereignty & internal security

Diagram
- Democracy - 1. Illegal Voting - 2. Consuming of benefits - 3. Proxy identity document creation - Sovereignty - 1. Illegal Migration = External Aggression (SC in Assam Case) - 2. Threatens India's unity & culture - Internal Security - 1. Demographic Changes - 2. Leading to riots (eg. Assam) - 3. Lead to Terrorism (eg. OGWs)

Role of Immigration and Foreigners Act, 2025

  1. Allows for sending back of illegal migrants
  2. Empowered foreign Tribunal to declare them foreigners
  3. Duty of state → To identify and deport.
  4. Reduced court intervention in process

Challenges with Act

(A) Constitutional

  1. Might lead to deportation of Refugees (Against Art 51)
  2. Violation of Right to life (Art 21) of people
  3. Discriminates People against Article 14
  4. Violation of Principle of reciprocity

(B) Human Right Challenges 5) Deportation → against human rights charter 6) No safeguards against legal migrants / persecuted members 7) Use of harsh method (eg. Recent allegation of dumping Rohingya in sea) 8) Detention for extended period → Against human rights of liberty.

Close · a quotation

"As land of Buddha & Gandhi, India has always welcomed persecuted people, but there is no place for illegal migrants" — PM Modi

More on Non-state Actors

The role of external state and non-state actors in creating challenges to internal security.

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