Context: The Chief Minister of Assam has said that the state was actively considering using the Immigrants (Expulsion from Assam) Act, 1950 to directly expel illegal migrants without going through the courts.
The Act empowers even a district commissioner to issue an order for the immediate removal of a person identified as an illegal immigrant.
Relevance of the Topic: Prelims: Key facts about Immigrants (Expulsion from Assam) Act 1950.
Immigrants (Expulsion from Assam) Act 1950
Following the Partition in 1947, Assam witnessed a massive influx of immigrants from East Bengal, which later became East Pakistan and then Bangladesh. The migration was largely driven by communal violence, displacement and the open border.
- The Parliament enacted the Immigrants (Expulsion from Assam) Act in 1950 to address the pressing crisis of illegal immigration in Assam.
- It gave the Central Government the power to remove any person or group from Assam if their presence harmed public interest or affected the rights of Scheduled Tribes.
- It allowed the government to give these powers to local officers, such as district commissioners, so they could issue expulsion orders directly, without going through the courts.
- The Act predates several key legislations that are currently used to deal with immigration issues in India, such as:
- Foreigners Act 1946
- Section 6A of the Citizenship Act
- Foreigners (Tribunals) Order 1964
- Passport (Entry into India) Act 1920
- Passport Act 1967
- The law was applicable across India but tailored to Assam. Over time, the law was mostly ignored.
Is the Act still valid?
- In 2024, the Supreme Court of India upheld Section 6A of the Citizenship Act and clearly said that the 1950 Act was still valid.
- A Constitution Bench of five judges pointed out that the law allowed even a district commissioner to order the removal of illegal immigrants.
- The court said this Act can work alongside the Citizenship Act and the Foreigners Act to detect and deport illegal migrants.
When the Assam Movement started in 1979, led by the All Assam Students' Union (AASU), people again raised strong concerns about illegal migration. This led to the Assam Accord in 1985, which decided that anyone who came into Assam after March 24, 1971, would be treated as a foreigner.
The process of identifying foreigners which had slowed down due to complications around the National Register of Citizens (NRC) will now be sped up by using the legal powers available under the 1950 Act.
Also Read: Foreigners Tribunals: Detaining Non-Citizens and Rule of Law