The Kerala high court has held that a foreign national, even if he/she is the spouse of an Indian citizen, has no vested right to demand that he/she be issued a visa to enter the country.
The high court’s ruling came while dismissing a writ petition filed by a man from Kerala and his Pakistani wife seeking a tourist visa for the woman to attend her brother-in-law’s wedding in India. The petitioners, residing abroad, submitted that when the Pakistani national attempted to apply for an Indian visa to attend the wedding, she could not find even a procedure to file an application for a visit visa. The Pakistani petitioner also argued that she would ultimately require a long-term visa as she is already married to an Indian citizen. Issuance of tourist visas is a sovereign function of the state and lies deeply rooted in considerations of national security, foreign policy and administrative discretion.
They argued that not even being provided an opportunity to apply for a visa was contrary to the constitutional provisions of Articles 21 and 14. The court ruled that the petitioner cannot claim relief under Art 14 of the Constitution as she is not in India presently.
The high court, after hearing all the arguments, said that no foreign national has an “inherent or legally enforceable right to seek entry into India.
