On July 5, the Assam government directed the Border Police to stop referring cases of non-Muslims who entered India illegally before 2014 to the Foreigners Tribunals (FTs). This decision aligns with the Citizenship (Amendment) Act, 2019, and has reignited debates around the tribunal system in India—particularly in Assam, where these quasi-judicial bodies have long played a critical role in determining citizenship.

What Is a Tribunal in the Context of Foreigners?

A tribunal is a quasi-judicial body designed to adjudicate specific types of disputes. In Assam, Foreigners Tribunals (FTs) have the specific function of determining whether a person is a foreigner under the Foreigners Act, 1946.

Key Characteristics of Foreigners’ Tribunals:

Established under the Foreigners (Tribunals) Order, 1964.
Unique to Assam, unlike the rest of India where regular courts handle such cases.
Each tribunal is presided over by a retired judge, bureaucrat, or lawyer with at least 7 years of legal experience.
Empowered under the amended 2019 order to be set up by both the Centre and district magistrates across India.

Assam’s New Directive and Its Legal Basis

The Assam government’s directive stems from the Citizenship (Amendment) Act, 2019, which grants non-Muslim minorities from Afghanistan, Pakistan, and Bangladesh the right to apply for Indian citizenship if they entered India before 2014.
As per this policy shift, such individuals should not be forwarded to Foreigners Tribunals, reinforcing the State’s alignment with the amended citizenship law.

The Tribunal Infrastructure in Assam

While the Ministry of Home Affairs (MHA) told Parliament in 2021 that there are 300 Foreigners Tribunals in Assam, the State’s Home Department lists only 100 currently functioning.
The first 11 tribunals were set up even before the Illegal Migrants (Determination by Tribunals) Act (IMDT), 1983 was struck down in 2005 by the Supreme Court.

Why Were Foreigners Tribunals Introduced in Assam?

A 1962 report by the Registrar General of India cited that over 2 lakh illegal migrants entered Assam from East Pakistan.
Concerns about wrongful deportation of genuine citizens led to the creation of judicial review mechanisms, resulting in the establishment of tribunals.
With the IMDT Act in force, more tribunals were created—but the Supreme Court’s 2005 ruling declared the Act unconstitutional, bringing all tribunals under the Foreigners Act.

Role of Assam’s Border Police in the Tribunal Process

Created in 1962 under the Prevention of Infiltration of Pakistani (PIP) scheme, the Border wing of Assam Police became an independent unit in 1974.
Tasks include:
- Patrolling border areas with BSF.
- Detecting and deporting illegal migrants.
- Referring doubtful citizens to tribunals for verification.
The wing works under the Prevention of Infiltration of Foreigners (PIF) scheme and employs over 3,000 personnel, jointly funded by the Centre and the State.

How Foreigners’ Tribunals Work

Types of Cases Handled:

Border police references.
Individuals marked as “D” (Doubtful) voters by the Election Commission.
NRC exclusions—those left out of the 2019 final NRC list (19.06 lakh people) can appeal to a tribunal.

Procedural Flow:

FTs have powers of a civil court: summoning witnesses, examining on oath, requesting documents.
Upon receiving a reference, a notice is issued within 10 days in English or the State’s official language.
The individual has 10 days to reply, followed by 10 more days to present evidence.
Each case must be disposed of within 60 days.
Failure to prove Indian citizenship can lead to detention and eventual deportation.

Appeals and Legal Remedies

A review application can be filed within 30 days of the FT’s order.
An appeal can be filed in the High Court, and further in the Supreme Court, if necessary.

Summary: Why the Tribunal System in Assam Matters

The tribunal mechanism in Assam is not just an administrative tool—it is a deeply entrenched system that impacts lives, identities, and rights. With evolving policies such as the CAA, 2019, the role of tribunals is being redefined, especially in how they treat non-Muslim migrants and determine citizenship.

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