Review of selected provisions of the
Foreigners Act 1946
The above sections revealed some of the gaps in the Pakistan
Citizenship Act 1951 that prevent individuals and groups from
acquiring citizenship that they should be legally entitled to under the
existing legal framework. The inability to acquire citizenship, due to
various barriers, transforms many individuals and possible citizens
into foreigners, thereby subjecting them to provisions of the
Foreigners Act 1946 and depriving them of various constitutional
safeguards as citizens.
As the absence of citizenship is what defines a person in Pakistan as
a foreigner, the interplay between these two legislations and the
conceptual and practical distance between being a citizen and a
foreigner is crucial to understand the cumulative impact of key
provisions of the law on specific marginalized groups, such as
refugees born in Pakistan—a large number of them still children. The
broader context is also particularly relevant to assess protection of
various fundamental rights guaranteed under the constitution to
both citizens and foreigners. It is pertinent to emphasize that the
Constitution of Pakistan protects several fundamental rights of
foreigners and non-citizens (persons) that constitute both its
domestic and international legal obligations.
Power of the government
The Foreigners Act grants the Federal Government in Pakistan
unlimited and unrestricted "power to make orders" concerning a
foreigner's presence in the country (S. 3). The government can
prescribe and specify the conditions under which a foreigner can stay
in the country; a wide range of restrictions, prohibitions, and
regulations can be imposed. The Sindh High Court stated that
Section 3 of the Foreigners Act grants authority to the Central
Government to issue orders that can apply broadly to all foreigners,
specific individuals, or defined groups of foreigners. These orders
can regulate or restrict their entry into or departure from certain
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