Assam empowers district officials, police to expel ‘illegal migrants’, bypassing tribunals
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New Delhi: The Assam Cabinet has approved a standard operating procedure under the 1950 Immigrants Expulsion from Assam Act, enabling district commissioners and senior police officials to expel suspected “illegal migrants” without referring cases to foreigners tribunals.
Under the new rules, based on the 1950 law, authorities can direct anyone suspected of being a foreigner to produce proof of Indian citizenship within 10 days. If the evidence is deemed unsatisfactory, the district commissioner can issue an expulsion order, giving the individual 24 hours to leave via a specified route. Those expelled would first be taken to a holding center, before being handed over to the Border Security Force for deportation.
Chief Minister Himanta Biswa Sarma said the move would largely “nullify” the role of foreigners tribunals, which currently adjudicate citizenship disputes in Assam, The Indian Express reported. “Only a confusing case in which the DC [district commissioner] cannot come to a decision, if DC can’t prima facie conclude that the person is a foreigner, will it go to the FT [foreigners tribunals],” he stated.
The decision comes months after Sarma told the Assembly in June that the state was preparing to invoke the 1950 law to “push back” suspected foreigners. He argued that the Supreme Court’s October 2024 ruling upholding Section 6A of the 1955 Citizenship Act gave the state “sweeping powers” under the 1950 law to act against illegal immigrants.
Section 6A, introduced after the 1985 Assam Accord, allows migrants who entered Assam between January 1, 1966 and March 25, 1971 to apply for Indian citizenship. Indigenous groups have long claimed the provision legitimized large-scale migration from Bangladesh.
Foreigners tribunals, set up in 1964 following controversy over deportation drives, have often been criticized for arbitrary decisions, including declaring people foreigners over spelling errors or missing documents. Rights groups argue that bypassing even this limited judicial process risks a return to the era of mass expulsions.
The Ministry of Home Affairs, in an order on September 1, directed that in cases where individuals lack valid travel documents, their nationality should be confirmed through diplomatic channels before deportation.
The 1950 Immigrants Expulsion from Assam Act was originally enacted to address migration from East Pakistan after Partition and communal violence. While it allowed the government to expel those deemed detrimental to public interest, it exempted refugees fleeing disturbances in Pakistan. Its harsh implementation in the 1960s led to widespread protests and allegations of harassment of Indian citizens, ultimately prompting the establishment of foreigners tribunals.
Legal experts warn that the Sarma government’s revival of the Act risks undermining due process and reviving contentious practices that once drew criticism at home and abroad.