Central

Section 2 of The Foreigners Law (Application and Amendment) Act, 1962

Notwithstanding anything contained in any other law for the time being in force, the provisions of the Registration of Foreigners Act, 1939, and the Foreigners Act, 1946, and of the rules and orders made thereunder shall apply to and in relation to any person who, or either of whose parents, or any of whose grand-parents was at any time a citizen or subject of any country at war with, or committing external aggression against, India or of any other country assisting the country at war with, or committing such aggression against, India, as they apply to and in relation to foreigners as defined for the purposes of those Acts.

Summary

This section overrides any other law that is currently in force.
It applies the provisions of the Registration of Foreigners Act, 1939, and the Foreigners Act, 1946.
It also applies all rules and orders made under those two Acts.
These laws apply to any person who was a citizen or subject of a country at war with or committing external aggression, which means attacking from the outside, against India.
They also apply to any person if either of their parents, or any of their grandparents, was at any time a citizen or subject of such a country, or of any other country assisting that enemy country.

Practical examples

1On December 5, 1962, a person named John Chen, whose father was a citizen of China (which was at war with India), was required to register with the local police department under the rules of the Registration of Foreigners Act, 1939.

2A woman named Mei Ling, who lived in Kolkata in January 1963, had a grandfather who was born in a country committing aggression against India, so she was treated under the Foreigners Act, 1946, even though she lived in India.

FAQ

1. Which two specific Acts are made applicable to certain persons under Section 2?

The Registration of Foreigners Act, 1939, and the Foreigners Act, 1946, are made applicable, along with their rules and orders.

2. Does this provision apply to a person if their parents were citizens of an enemy country?

Yes, it applies to any person if either of their parents was at any time a citizen or subject of a country at war with or committing external aggression against India.

3. How far back does the family ancestry rule go under this section?

It goes back to grandparents, meaning if any grandparent was a citizen or subject of the specified country, the law applies to the grandchild.

Test yourself

Q1.Which Act from the year 1939 is mentioned in Section 2?

Q2.What is the number of the Foreigners Act from 1946 as referenced in Section 2's heading?

Q3.Under Section 2, the ancestral link covers a person, either of whose parents, or any of whose what?

Q4.To what countries must the citizen or subject belong for Section 2 to apply?

Q5.What phrase is used at the beginning of Section 2 to show it overrides other laws?

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