Foreigners Tribunals (FTs)

Foreigners Tribunals (FTs): Recently, Assam Chief Minister announced the deportation of 330 declared "foreigners" to Bangladesh and stated that the Immigrants (Expulsion from Assam) Act, 1950 would be invoked to bypass Foreigners Tribunals in future cases.

• About Foreigners Tribunals : Established under the Foreigners (Tribunals) Order, 1964, issued under Section 3 of the Foreigners Act, 1946.

  o Purpose: Enable State authorities to refer cases of suspected foreigners for adjudication.

  o Geographical Scope: Function exclusively in Assam; other states deal with such cases under the Foreigners Act without FTs.

  o Composition: Headed by members drawn from retired judges, advocates, and civil servants with judicial experience.

  o Powers : FTs have powers similar to a civil court (e.g., summoning witnesses, examining on oath, requiring documents).

  • About Immigrants (Expulsion from Assam) Act, 1950 : Enacted to address the issue of illegal immigration into Assam, especially from East Pakistan (now Bangladesh) post-Partition.

  o Applicability: Specifically targeted at the state of Assam, but extends to parts of Meghalaya and Nagaland through administrative discretion.

  o Definition of Illegal Immigrant: Any person who entered India after March 25, 1971 and is not an Indian citizen, or cannot prove Indian citizenship

  o The Act authorizes designated officers (e.g., District Collectors) to initiate expulsion without needing to refer the case to Foreigners Tribunals.

  o Historical Background: Passed in response to large-scale migration following the Partition and later the 1971 Bangladesh Liberation War.