FOREIGNERS TRIBUNALS -
GOVERNANCE
News: Supreme Court halts deportation
of Cooch Behar woman declared foreigner by tribunal
What's in the news?
●
Recently, the Supreme Court (SC) put a stop to the
deportation of a woman who had been deemed a foreigner by a Foreigners'
Tribunal in Assam.
Foreigners Tribunals
(FTs):
●
Foreigners Tribunals were established through the Foreigners (Tribunals) Order, 1964.
●
It allows state administrations, represented by
District Collectors or District Magistrates, to refer individuals suspected of
being foreigners to these tribunals.
Jurisdiction:
●
Enacted by the Central government under Section 3 of the Foreigners Act,
1946, the Foreigners (Tribunals) Order, 1964, applies nationwide, but
currently, FTs are operational only in
Assam.
●
In states other than Assam, illegal immigrants are
typically produced before local courts and dealt with according to the
provisions of the Foreigners Act, 1946.
Established by:
●
Following the 2019 amendment to the Foreigners
(Tribunals) Order, 1964, both the Centre
and states are empowered to establish FTs.
Purpose of Foreign
Tribunals:
●
FTs play a crucial role in the detection of suspected foreigners, with superintendents of police
(SPs) and district commissioners authorized to make references to these
tribunals.
●
The Election Commission of India (ECI) can refer
cases of Doubtful voters (D-voters) to
the local SP, who then forwards them to FTs for citizenship verification.
●
Individuals excluded from the final draft of the
National Register of Citizens (NRC)
released in August 2019 have the right to appeal before FTs to prove their
citizenship.
Functions of Foreign
Tribunals:
●
Upon receiving a reference against an individual,
the FT serves them with a copy of the grounds for suspicion and a show-cause
notice within 10 days.
●
The notice specifies that the burden of proof lies with the individual to demonstrate their
non-foreign status.
●
FTs afford the individual a reasonable opportunity
to present their case, either in person or through legal representation, and
submit supporting evidence.
●
Failure to provide evidence or arrange for bail may
result in detention and transfer to a detention centre as directed by the FT.
● The Supreme Court has ruled that FT decisions on an individual's nationality hold binding authority, surpassing the decisions of the government or NRC verification authorities.