Foreigners’ Tribunals

• Foreigners Tribunals (FTs) in Assam have designated 32,381 persons as foreigners since 1966.

Assam Foreigners Tribunals

• FTs are Assamese quasi-judicial bodies responsible with evaluating if a person is unlawfully living in India as a “foreigner.”
• Assam’s NRC as a backdrop: The Ministry of Home Affairs (MHA) has published procedures for discovering, arresting, and deporting unlawful foreign nationals in Assam using the National Register of Citizens (NRC).
• Foreigners (Tribunals) Order Amendment, 1964: This order has been revised by the MHA to empower district magistrates in all states and union territories to create tribunals.
• Power Shift: Previously, only the Central Government could establish such tribunals.

Foreigners Tribunals Are Required

• Foreigners’ Legal Process: Foreigners detained for unauthorised stay in other regions face charges under the Passport Act of 1920 or the Foreigners Act of 1946, with penalties including jail and eventual expulsion.
• Detention Centres: Following their conviction, the accused are detained in detention centres until their home nation decides to receive them.

Recent Amendments and Their Consequences

• Changes to the Tribunal Constitution: Initially, the 1964 ruling permitted only the Central Government to send cases to the Tribunals. State governments, UT administrations, District Collectors, and District Magistrates can now do so, thanks to the change.
• Individual Empowerment: The modified Foreigners (Tribunal) Order, 2019, allows people to seek Tribunals, a departure from the previous rule that only the State may challenge a suspect.
• NRC Context: With the final publication of the NRC, this revision attempts to give enough options for people who are not on the list.
• Procedure for Non-Listed Individuals: Individuals who are not found on the final NRC can apply to the Tribunals. Individuals who have not submitted claims against their NRC exclusion might also be sent to District Magistrates.
• Fresh Summons: These people will receive new summons to verify their citizenship.

Source: https://homeandpolitical.assam.gov.in/portlets/foreigners-tribunal