Foreigners Tribunals

Polity & Governance glossary

Topic: Citizenship: Idea and Indian Law · NCERT: Beyond NCERT

Meaning

Foreigners Tribunals are quasi-judicial bodies that decide whether a person is a foreigner. Quasi-judicial means they act like courts but are not regular courts. They were set up under the Foreigners (Tribunals) Order 1964, and the order was widened in 2019. They work mainly in Assam. They hear cases about suspected illegal migrants, D-voters and people left out of the NRC. The person whose citizenship is questioned carries the burden of proof, which means they must prove they are Indian.

Example

The final NRC list for Assam (31 August 2019) left out about 19.06 lakh people. They can appeal to Foreigners Tribunals to prove their citizenship. Critics point to ex parte orders, which are orders passed without hearing the person. They also point to uneven standards and to detention centres.

Don't confuse with

  • Tribunals under the IMDT Act 1983: these were Assam-only tribunals under a separate law. There, the complainant had to prove that the person was a foreigner. The Supreme Court struck that Act down in 2005.

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