Foreign Tribunals
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Foreign Tribunals

Syllabus:

GS2: Structure, Organization and Functioning of the Executive and the Judiciary—Ministries and Departments of the Government; Pressure Groups and Formal/Informal Associations and their Role in the Polity.

Context:

Recently, the Assam Chief Minister announced that the state will invoke a 1950 law to deport individuals identified as foreigners by District Collectors, bypassing the existing Foreigners Tribunals system.

More on the News

  • The CM of Assam cited the October 2024 Supreme Court ruling, where a five-judge Constitution Bench led by then Chief Justice D.Y. Chandrachud upheld the validity of Section 6A of the Citizenship Act, setting March 24, 1971 as the cut-off date for citizenship in Assam.
  • The Supreme Court, in its judgment, confirmed that the 1950 Expulsion Act is still valid and in force. This means the government can deport foreigners without approaching tribunals.
  • Under the Act, if a District Collector determines that a person is prima facie a foreigner, they can be removed from Assam.
  • Under the existing system in the state, the identification and declaration of “foreigners” is done through Foreigners Tribunals (FTs).
  • Also, On July 5, the Assam government directed the Border wing of the State police not to refer cases of non-Muslim individuals who entered India illegally before 2014 — to the Foreigners Tribunals (FTs).
  • This decision aligns with the “Citizenship (Amendment) Act, 2019”, which allows Hindus, Sikhs, Christians, Parsis, Jains and Buddhists from Afghanistan, Bangladesh, and Pakistan to apply for Indian citizenship if they had fled religious persecution in those countries.

Foreign Tribunals (FTs)

  • FTs are quasi-judicial bodies that determine whether a person presented before them, usually referred by the border police or listed as ‘D-voters’ in electoral rolls is a “foreigner” or an Indian citizen.
  • FTs are formed through the Foreigners (Tribunals) Order of 1964 under Section 3 of the Foreigners’ Act of 1946, to let local authorities in a State refer a person suspected to be a foreigner to tribunals. 
  • Each FT is headed by a member drawn from judges, advocates and civil servants with judicial experience.
  • Those declared foreigners by these tribunals have the option to appeal against the order by approaching the Gauhati High Court and the Supreme Court.
  • The FTs are currently exclusive to Assam as cases of “illegal immigrants” are dealt with according to the Foreigners’ Act in other States.

Functioning of the Foreign Tribunals (FTs)

  • According to the 1964 order, an FT has the powers of a civil court in certain matters such as summoning and enforcing the attendance of any person and examining him or her on oath and requiring the production of any document. 
  • A tribunal is required to serve a notice in English or the official language of the State to a person alleged to be a foreigner within 10 days of receiving the reference from the authority concerned.
  • Such a person has 10 days to reply to the notice and another 10 days to produce evidence in support of his or her case.
  • An FT has to dispose of a case within 60 days of reference. If the person fails to provide any proof of citizenship, the FT can send him or her to a detention centre, now called transit camp, for deportation later.

Functioning of Border police

  • The Assam Police Border Organisation was set up in 1962 as part of the State police’s Special Branch, under the Prevention of Infiltration of Pakistani (PIP) scheme.
  • The organisation became an independent wing in 1974 and is currently headed by the Special Director General of Police (Border).
  • After the Bangladesh Liberation War, the Prevention of Infiltration of Pakistani (PIP) scheme was renamed the Prevention of Infiltration of Foreigners (PIF) scheme.
  • The members of this wing are responsible for detecting and deporting illegal foreigners. Additionally, they keep a close watch on people living in riverine and char (sandbar) areas.
  • Apart from these duties, the wing refers individuals with doubtful citizenship to the Foreigners Tribunals (FTs), which determine their nationality based on documentary evidence. Cases of ‘D’ (doubtful) voters can also be referred to FTs by the Election Commission of India.
  • Furthermore, individuals left out of the final draft of the National Register of Citizens (NRC), published in August 2019, can approach the concerned FT to prove their citizenship.

Immigrants (Expulsion from Assam) Act, 1950

  • If a person from outside India enters Assam and the Centre believes their stay harms public or tribal interests, it can order their removal from India or Assam within a specified time and route.
  • It states that the Central government can delegate this power to any officer of the Central government or the Assam government.
  • Authorities under this Act may take necessary steps and use reasonable force to effectively exercise their powers.
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