VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessResearch PaperVol. 9 No. I (2026)pp. 1307–1313

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

DJ
Daniel Verghese JohnsonStudent at Army Institute of Law, Mohali, India
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Published 17 February 2026 · pp. 1307–1313 · Vol. 9 No. I (2026)
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.

Keywords
Non-Resident Indians (NRIs)/ Remedial vs Anticipatory Legal Protection/ Diaspora Rights and Legal/Comparative Migration Law /Extraterritorial Jurisdiction/Vulnerability/Transnational Legal Frameworks/

How to cite

Daniel Verghese Johnson, Remedial, Not Anticipatory: Evaluating India’s Legal Framework for Non-Resident Indians, 9 Int'l J.L. Mgmt. & Human. 1307 (2026).

Cite this article

Daniel Verghese Johnson, Remedial, Not Anticipatory: Evaluating India’s Legal Framework for Non-Resident Indians, 9 Int'l J.L. Mgmt. & Human. 1307 (2026).
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