Why in the News?
The Union Home Ministry empowered Foreigners Tribunals (FTs), especially in Assam, to detain suspected illegal immigrants in designated camps, a power earlier exercised only through executive orders.
About Foreigners Tribunal (FT):
- Nature: Quasi-judicial bodies constituted under the Foreigners (Tribunal) Order, 1964, framed under the Foreigners Act, 1946.
- Purpose: Decide whether a person is a foreigner/illegal immigrant, especially in the context of Assam’s border migration issues.
- Cases handled:
- References from border police against suspected foreigners.
- Cases of “D” (doubtful) voters flagged by the Election Commission.
- Composition: Members drawn from retired judges, advocates, and civil servants with judicial experience; capped at 3 members per tribunal.
- Functioning:
- FTs exercise powers of a civil court (summons, evidence, witness examination).
- Required to dispose of cases within 60 days of reference.
- Burden of proof lies on the individual to establish citizenship (Section 9, Foreigners Act).
- Present Status: About 100 FTs operational in Assam (expanded after NRC-2019). No FTs in other states, where suspected foreigners are tried in local courts.
New Provisions under the Immigration and Foreigners Act, 2025:
- Replacement: Replaces the Foreigners (Tribunal) Order, 1964, now part of the comprehensive Immigration and Foreigners Act, 2025.
- Detention Powers: For the first time, FTs are empowered to detain suspected illegal immigrants in designated transit camps, a power earlier exercised through executive orders.
- Judicial Authority:
- Powers of a civil court under CPC, 1908.
- Powers of a judicial magistrate (first class) under Bharatiya Nagarik Suraksha Sanhita, 2023 — including issuing arrest warrants, ordering detention, and directing personal appearance.
- Ex-parte Orders: Can be set aside if the appellant files a review within 30 days.
- Scope: Though applicable nationwide, functional relevance remains in Assam.
- Restrictions on Employment: Bars foreigners from working in strategic sectors (defence, nuclear energy, petroleum, power, water supply, space, human rights) without Central government approval.
- Border Security Measures: Border forces/Coast Guard to record biometrics and demographic data of illegal entrants before pushing them back.
- Grounds for Refusal of Stay: Foreigners convicted of terrorism, espionage, narcotics trafficking, organized crime, human trafficking, cybercrime, child abuse, crimes against humanity, etc., can be refused entry or deported.
- Exemptions: Citizens of Nepal, Bhutan, Tibetans, and Sri Lankan Tamils exempted under a special 2025 order.
| [UPSC 2009] Consider the following statements:
1. Central Administrative Tribunal (CAT) was set up during the Prime Ministership of Lal Bahadur Shastri. 2. The Members for CAT are drawn from both judicial and administrative streams. Which of the statements given above is/are correct? Options: (a) 1 only (b) 2 only* (c) Both 1 and 2 (d) Neither 1 nor 2 |
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