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Research Paper Volume 9 Issue 1 1307 - 1313 February 17, 2026

Remedial, Not Anticipatory: Evaluating India’s Legal Framework for Non-Resident Indians

Lead author · Corresponding
Daniel Verghese Johnson
Student at Army Institute of Law, Mohali, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.1111348
Abstract

This article critically examines the disconnect between indias legal framework and its global citizens or more commonly called NRI’s/. The article argues that the current legal framework is largely reactive instead of being anticipatory, the framework just acts a remedial safety net that only deploys after a crisis has already been commited. By examining the structural failures within the Foreign Exchange Management Act (FEMA) ,Passport Act, Limitation act, etc I illustrate how fragmented enforcement and jurisdictional hurdles transform strong on paper protections into procedural nightmares for NRIs. The article draws a comparative study by drawing lessons from proactive institutional models of other countries and also provides potential reforms that could benefit our citizens abroad. . The article concludes that India must move past 20th-century bureaucracy toward a coordinated, digitally enabled system that prioritizes prevention and certainty.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 1, Page 1307 - 1313
DOI: https://doij.org/10.10000/IJLMH.1111348
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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