ABSTRACT
Emigration from India is sought to be governed mainly under the provisions of the Emigration Act, 1983 and the Emigration Rules, 1983 as amended from time to time. The relevant legislation is the Passports Act, 1967 and the Passport Rules, 1980 as periodically amended. In looking at any enactment, one needs to examine the legislative intent as adumbrated in the preamble first. The policy that the legislation is a means to realize is provided in the very first operative section of the legislation. The manner in which policy has been used as the backdrop not only for new legislation but also for subsequent amendments shows a maturity and tenacity in the governance of emigration in the Philippines that seems to be lacking in India. One of the reasons India is struggling to get a new law on emigration in place is the absence of a policy framework from which the legislation can be derived.
