What is a Foreigners Tribunal
- The tribunal for foreigners is a quasi-judicial institution unique to Assam.
- The Ministry of Home Affairs (MHA) has provided explicit rules to locate, imprison, and deport foreign nationals who are residing illegally throughout the country.
- the Foreigners Tribunal was created as a result of the Foreigners (Tribunals) Order, of 1964.
- It allowed state administration (District Collector/District Magistrate) to send a person suspected of being a foreigner to the Tribunals.
- The Foreigners (Tribunals) Order, of 1964 was passed by the Central government by the exercise of powers provided under Section 3 of the Foreigners Act, of 1946.
- The MHA revised the Foreigners (Tribunals) Order, 1964, granting district magistrates in all States and UTs the power to set up tribunals to decide whether someone is living in India illegally classified as a foreigner or not.
- Before, only the Center had the authority to establish a tribunal.
Data
- Specifically set up to handle the cases of 19.06 lakh people left out of the updated NRC.
- There are 100s of foreigners tribunals functioning in Assam.
Foreigners (Tribunal) Order, 1964
- According to the Foreigners Act of 1946 (31 of 1946) a foreigner is someone who is not a citizen of the nation. To determine whether a person fits this description or not, the Central Government may provide for the formation of a Tribunal.
Constitution of Tribunals
- The Central Government may appoint as many individuals with judicial experience as it sees fit to constitute the Tribunal.
- One of the Tribunal's members, if there are two or more of them, will be chosen to serve as chairman.
Who Can Setup These Tribunals
- The Ministry of Home Affairs (MHA) revised the Foreigners (Tribunals) Order, 1964 to provide district magistrates in each State and Union Territory the power to create tribunals (quasi-judicial bodies) to determine whether a person living in India illegally qualifies as a foreigner or not.
Power of Tribunals
- When trying a case under the Code of Civil Procedure, 1908 in respect of the following topics, the Tribunal shall have the authority of a civil court-
- Summoning and enforcing the attendance of any person and examining him.
- Requiring the discovery and production of any document.
- Issuing commissions for the examination of any witness.
Amendment to Foreigners (Tribunals) Order
- Just the procedures for the Tribunals to decide on appeals from anyone dissatisfied with the resolution of claims and objections submitted against the NRC are outlined in the May 2019 amendment.
- For all intents and purposes, the aforementioned Order, which was issued on May 30, 2019, only applies to Assam at this time because NRC work is only being done there.
- With the aid of this Amendment Order, the District Magistrate may additionally ask the Tribunal whether the Appellant qualifies as a "foreigner" for purposes of the Foreigners Act of 1946.
- A person may also approach the Tribunals under the 2019 Amended Foreigners (Tribunal) Order. Before, a suspect could only be brought before the Tribunal by the State administration.
Need of Foreigners Tribunal
- District commissioners and police superintendents were given the authority to identify potential foreigners (SPs). In accordance with the Foreigners (Tribunals) Order of 1964, references for these "suspected persons" were to be made before this authority.
- The Election Commission of India (ECI) can also refer cases of D or Doubtful voters to the local SP, who then submits them to a tribunal to verify their citizenship.
- The Foreigners Tribunal will hear appeals from anyone who were left off the National Registration of Citizens (NRC final draft), which was published in August 2019.
Significance of foreigners tribunal
- Shift of burden: the burden to prove one's citizenship was shifted from the state, police, and accuser citizen to the tribunals.
- Regime: the provision gives the central government the power to constitute such tribunals to decide the nationality of an individual as a foreigner or a citizen.
- Solicitation: new amendment also empowers an individual to approach the tribunal, empowering them to seek remedy.
- Doubtful voters can appeal: if a person doesn't find his or her name in the final list, they could move to the tribunal.
- Consideration by DM: District magistrates can refer individuals who haven't filed claims against their exclusion from NRC to the tribunal to decide if they are foreigners or not.
- Strict rules: 30-day rule to challenge foreign tribunal rulings only applicable when a person receives notice from the tribunal (recommended by the supreme court).
- New citizenship letter: the fresh summons will be issued to them to prove their citizenship.
Issues Related to Foreigners’ Tribunals
- Failure of Issuing Authorities to Appear: One out of two people are classified as foreigners as a result of the issuing authorities' failure to come before the FTs to attest that the documents supplied are genuine and authentic to their knowledge.
- Judicial Delay: Furthermore, cases involving foreigners are impacted by the problem of court delay. For instance: Anowara's case was submitted in 2007 and was unresolved for 11 years before the Foreigners Tribunal classified her as a foreigner. According to a review of the Gauhati high court cases, it took the high court an average of 2,466 days (6.7 years) to rule after the matter was filed with the FTs.
- Implications of the NRC: In Assam, the National Registration of Citizens (NRC) excludes more than 19 lakh persons. The workload of the Gauhati High Court and the FTs rose significantly. There were 4,68,905 cases referred to foreigners tribunals between 1985 and October 2019.
- Burden of Proof: The burden of proof is reversed under the Foreigners' Act, and it is now the person's responsibility to demonstrate that he/she is not a "foreigner". A person is expected to meet a higher standard of proof by substantiating her citizenship claim with a range of documentary evidence because of the reversed burden of proof.
Way forward
- Minimizes data infirmities: any such exercise demands a robust process that minimizes data infirmities.
- Provide adequate legal resources: those who do not make it to the list should get adequate legal resources.
