Court affirms the plenary power of the State to regulate the entry, stay, and exit of foreign nationals in India.
In a significant judgment, the Karnataka High Court has dismissed the writ petition filed by Mr. Christophe Stephane Monxion, a French national, challenging the 'Leave India Notice' issued by the Foreigners Regional Registration Officer. The notice directed Mr. Monxion to exit the country due to alleged violations of his tourist visa conditions.
The petitioner entered India on a tourist visa but was found to be engaging in commercial activities, including running a restaurant, which is beyond the permissible limits of his visa. The Court, presided over by Justice Sachin Shankar Magadum, held that such violations justify the issuance of a 'Leave India Notice' and emphasized that foreign nationals do not possess an indefeasible right to reside or conduct business in India.
The judgment clarified that while Article 21 of the Constitution ensures the right to life and personal liberty to all persons, including foreign nationals, it does not extend to rights of residence or business, which are exclusive to Indian citizens under Articles 19(1)(e) and 19(1)(g). The Court noted that the State retains absolute power to regulate the presence of foreign nationals, ensuring adherence to visa conditions and public order.
The Court rejected Mr. Monxion's claims of arbitrariness and violation of natural justice, stating that the action was based on credible inputs from law enforcement agencies. It further ruled that pre-decisional hearings are not mandatory in cases involving visa violations, as natural justice must sometimes yield to administrative exigencies.
Referring to previous Supreme Court rulings, the judgment reinforced the State's unfettered authority to expel foreign nationals, provided actions are grounded in statutory and constitutional principles. The Court concluded that allowing Mr. Monxion to continue his stay would be tantamount to condoning illegality, given the adverse reports of his activities.
The High Court upheld the 'Leave India Notice,' directing Mr. Monxion to leave the country within seven days, reiterating that compliance with visa conditions is paramount for foreign nationals.
Bottom line:-
Foreign nationals do not have an indefeasible right to reside in India or engage in activities in violation of visa conditions. The State has plenary power to regulate the entry, stay, and exit of foreign nationals, provided such actions adhere to statutory and constitutional principles.
Statutory provision(s): Constitution of India, 1950 Article 21; Foreigners Act, 2025 Section 7(2)(c)
