Dr. John Brittas Opposes Clause 12 Expansion in Draft Mobility Bill

New Delhi: CPI M Rajya Sabha MP Dr. John Brittas has urged External Affairs Minister S Jaishankar to withdraw Clause 12 of the draft Overseas Mobility (Facilitation and Welfare) Bill, 2025, warning that the provision marks an unprecedented expansion of executive power over Indian citizens seeking to go abroad.

In a letter to the Minister, Dr. Brittas raised what he described as serious constitutional and policy concerns. Clause 12 empowers the Centre to classify unspecified "categories of Indian citizens' and impose special procedures or restrictions on their emigration. He argued that the open- ended wording allows segregation or differential treatment of citizens on arbitrary grounds, potentially including caste, religion, region, or socio- economic background, without statutory safeguards.

The MP said the clause is incompatible with Articles 14, 15, 21 and 25 of the Constitution, contending that it would undermine equality before law, enable discrimination, and erode personal liberty and freedom of religion. Such unchecked power, he warned, could permit intrusive executive control in the name of national security and open the door to targeted restrictions on particular communities or regions.

Dr. Brittas noted that the existing Emigration Act, 1983 never authorised the government to classify citizens. It allowed only country-specific restrictions that applied uniformly to all emigrants and were subject to strict time limits. While the draft Bill retains that mechanism in Clause 13, it introduces a wider and unprecedented authority in Clause 12, which he described as a sharp break from established statutory practice.

Calling the clause "dangerous' and "unwarranted', he urged the Ministry to delete it entirely and instead frame precise, constitutionally sound provisions focused on migrant welfare without enabling discriminatory practices.