Is Assam Accelerating the Deportation of Illegal Immigrants Using a 1950 Law?

Synopsis
Key Takeaways
- The Assam government is invoking a 1950 law for deportations.
- Supreme Court approval supports this approach.
- Indigenous rights are prioritized in this strategy.
- Deportations will proceed without judicial intervention for certain cases.
- This marks a shift from previous tribunal processes for determining undocumented status.
Guwahati, June 9 (NationPress) The Chief Minister of Assam, Himanta Biswa Sarma, announced on Monday that the government aims to expedite the process of deporting illegal immigrants from the state to protect the indigenous community. During his address at the Assembly, CM Sarma stated, “The state government will invoke the 1950 law to remove illegal immigrants from this region. The Supreme Court has also granted approval in this regard. Our administrative machinery will operate effectively to ensure Assam is rid of illegal immigrants.”
CM Sarma emphasized the importance of safeguarding the rights of the Assamese people, asserting, “I identify as an Assamese first and a Chief Minister second.”
The Assam government has made the decision to implement the Immigrants (Expulsion from Assam) Order from 1950, which allows for the expedited deportation of undocumented immigrants, circumventing the traditional judicial process.
Earlier, Chief Minister Sarma mentioned that the identification and expulsion of “foreigners” would now advance more swiftly after delays related to the National Register of Citizens (NRC).
“In this instance, if an individual is recognized as a foreigner, we will no longer need to consult the foreigners’ tribunal to initiate the deportation process,” CM Sarma stated.
He referenced a previous Supreme Court ruling concerning Section 6A of the Citizenship Act, which clarified that the Assam government is not required to obtain judicial consent for every deportation.
CM Sarma highlighted the Immigrants Expulsion Order, established in 1950, which he noted endows district commissioners (DCs) with the power to issue deportation orders without judicial oversight. “Our legal team was previously unaware of this provision. We have recently discovered it and are now taking it seriously,” he remarked.
The Chief Minister confirmed that deportations have already commenced under this renewed strategy, although individuals with ongoing court cases remain unaffected.
This development signifies a shift away from the historically established process involving foreigners’ tribunals—quasi-judicial entities tasked with determining the status of suspected undocumented immigrants. Previously, individuals labeled as “foreigners” by these tribunals had the right to appeal their decisions in the High Court and Supreme Court.