Why In The News?
Police in Assam’s Sonitpur district are searching for five people declared non-citizens by a Foreigners’ Tribunal after they repeatedly failed to appear for hearings, prompting the tribunal to issue an ex-parte order.
1) About Foreigners Tribunal (FT):
- Legal Basis: Quasi-judicial bodies established under the Foreigners (Tribunals) Order, 1964, issued under Section 3 of the Foreigners Act, 1946.
- Purpose: Allows State authorities to refer cases of individuals suspected to be foreigners for determination.
- Composition: Headed by members drawn from judges, advocates, or civil servants with judicial experience.
- Powers: Possesses civil court powers-summoning individuals, examining on oath, and requiring document production.
2) Are Foreigners Tribunals Only for Assam?
- Nationwide Applicability: The 1964 Order applies across all of India, but FTs currently operate only in Assam.
- Other States: Suspected illegal immigrants are dealt with by local courts under the Foreigners Act, 1946.
- 2019 Amendment: Earlier only the Centre could set up FTs; after the amendment, states also have the power to establish them.
3) Foreigners Tribunal – Functioning:
- Notice Period: Tribunal must issue a notice to the suspected foreigner within 10 days of receiving a reference.
- Response Time: The individual gets 10 days to reply, and another 10 days to submit supporting evidence.
- Time for Disposal: Tribunal must dispose of cases within 60 days.
- Outcome: If unable to prove citizenship, the person may be sent to a detention centre (transit camp) for future deportation.
4) Immigration and Foreigners Order, 2025:
- Replaces: Supersedes the Foreigners (Tribunal) Order, 1964 under the new Immigration and Foreigners Act, 2025.
- New Powers:
- FTs can now issue arrest warrants and detain individuals unable to prove citizenship-previously done through executive orders.
- Warrants may be issued if a suspect fails to appear.
- Expanded Judicial Authority: FTs now possess powers of:
- A civil court under the Code of Civil Procedure, 1908.
- A judicial magistrate (First Class) under Bharatiya Nagarik Suraksha Sanhita, 2023.
- Key Powers Include:
- Summoning and enforcing attendance.
- Examining persons on oath.
- Requiring discovery and production of documents.
- Issuing commissions for witness examination.
- Directing personal appearance.
- Issuing arrest warrants for non-appearance.
| Ex-Parte Order:
An ex parte decree is issued when a defendant fails to appear despite receiving summons, allowing the court to hear only the plaintiff’s case and pass a decision in the defendant’s absence. |
| [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 |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
