FOREIGNERS TRIBUNALS
The Assam government recently requested that the State police's Border Wing refrain from referring instances of non-Muslims who entered India illegally before to 2014 to the Foreigners Tribunals (FTs).
This was in accordance with the Citizenship (Amendment) Act of 2019, which grants those who have reportedly fled persecution in Afghanistan, Bangladesh, and Pakistan—Hindus, Sikhs, Christians, Parsis, Jains, and Buddhists—a window during which to apply for citizenship.
Foreigners Tribunals
Formed by the central government under Section 3 of the Foreigners' Act of 1946, the Foreigners (Tribunals) Order of 1964 allowed local authorities in a State to report a person suspected of being a foreigner to tribunals.
The FTs are quasi-judicial organizations.
Foreigners (Tribunals) Order (Amendment 2019):
Establishes modalities for Tribunals to handle appeals related to NRC claims and objections.
Ministry of Home Affairs (MHA) has also empowered District Magistrates across all States and Union Territories to set up Tribunals.
All these orders apply to the whole country and are not specific to any state.
But, specifically relevant to Assam as Foreigners Tribunals under this order have been set up there, not in other states.
And cases of “illegal immigrants” are dealt with according to the Foreigners’ Act in other states.
Constitutional Provisions:
· Incorporated by the 42nd Amendment Act, 1976.
Article 323-A deals with Administrative Tribunals
Article 323-B deals with tribunals for other matters
Types of Cases:
Cases where a “reference” is made by border police.
Cases with a ‘D’ (Doubtful) mark in electoral rolls, which can also be referred by the Election Commission of India.
Composition:
Each Tribunal is headed by members including judges, advocates, and civil servants with judicial experience.
Members are appointed based on guidelines issued by the government under the Foreigners Tribunal Act, 1941, and Foreigners Tribunal Order 1964.
Function:
Tribunals have civil court powers, such as summoning witnesses, examining him or her on oath, and requiring documents.
A notice must be served to a person alleged to be a foreigner within 10 days of receiving a reference.
Cases must be disposed of within 60 days of reference.
According to Section 9 of the Foreigners Act, the burden of establishing that an individual is not a foreigner rests with them, regardless of any reference to the Indian Evidence Act of 1872.
The FT has the authority to send someone to a detention facility—now known as a transit camp—for eventual deportation if they are unable to produce any documentation proving their citizenship.
Appeal Process:
Review application can be filed within 30 days of the Tribunal’s order.
Adverse orders can be appealed to the High Court and subsequently to the Supreme Court.
Determining whether someone who is in Assam unlawfully is a "foreigner" or not is a distinct process. The Ministry of Home Affairs (MHA) has issued particular rules to identify, detain, and deport foreign nationals who are living illegally throughout the nation, with the backdrop of Assam's NRC.
