Immigration & Foreigners (Exemption) Order, 2025 – A Note on Parliamentary Oversight, written by Dharmananda Deb

//Dharmananda Deb//

      On 1st September 2025, the Central Government, in exercise of the powers conferred under Section 33 of the Immigration and Foreigners Act, 2025, promulgated the Immigration and Foreigners (Exemption) Order, 2025. The Order was duly published in the Gazette of India on 2nd September 2025.

        It is, however, pertinent to note that under Section 33(3) of the Immigration and Foreigners Act, 2025, every such order is required to be laid “as soon as may be” before both Houses of Parliament. This provision is not a mere formality—it ensures that subordinate legislation remains subject to parliamentary scrutiny and control.

The underlying principle is twofold:-

1️⃣ Legislative Oversight – Parliament retains the ultimate authority to review, modify, or annul such orders.

2️⃣ Executive Accountability – The executive cannot, under the guise of delegated powers, act beyond the intent of the legislature.

           Thus, this Order, like all subordinate legislation, is not final until tested against the touchstone of parliamentary review. It is through this process that the balance of power between the legislature and the executive is preserved.

            In essence, delegated legislation derives its validity not merely from the parent statute, but also from Parliament’s continuing oversight.

     ✅ Therefore, we must wait for the final word from Parliament before the true fate of this Order is determined.

(Dharmananda Deb is one of the Senior Advocates and Former Member of Foreigners Tribunal, Silchar)