Central Idea

Since 1966, Foreigners Tribunals (FTs) in Assam have identified 32,381 people as foreigners.

Foreigners Tribunals in Assam

Unique Quasi-Judicial Bodies: FTs are specific to Assam, tasked with determining whether a person is illegally staying as a “foreigner” in India.
Backdrop of Assam’s NRC: With the National Register of Citizens (NRC) in Assam, the Ministry of Home Affairs (MHA) has outlined guidelines for detecting, detaining, and deporting illegal foreign nationals.
Amendment to Foreigners (Tribunals) Order, 1964: The MHA has amended this order, allowing district magistrates in all States and Union Territories to establish tribunals.
Shift in Power: Previously, only the Central Government had the authority to constitute such tribunals.

Legal Process for Foreigners: In other regions, foreigners apprehended for illegal stay are tried under the Passport Act, 1920, or the Foreigners Act, 1946, with penalties including imprisonment and eventual deportation.
Detention Centers: Post-sentence, the accused are held in detention centers until their country of origin agrees to accept them.

Changes in Tribunal Constitution: The 1964 order initially allowed only the Central Government to refer cases to the Tribunals. The amendment now permits State Governments, UT administrations, District Collectors, and District Magistrates to do so.
Empowerment of Individuals: The amended Foreigners (Tribunal) Order, 2019, enables individuals to approach Tribunals, a change from the earlier provision where only the State could challenge a suspect.
Context of NRC: With the final NRC publication, this amendment aims to provide adequate opportunities for those not included in the list.
Procedure for Non-Listed Individuals: Persons not found in the final NRC can approach the Tribunals. District Magistrates can also refer cases of individuals who haven’t filed claims against their NRC exclusion.
Issuance of Fresh Summons: These individuals will receive new summons to prove their citizenship.