Why in News?
The Union Home Ministry notified the Immigration and Foreigners Order, 2025, replacing the 1964 order, giving Foreigners Tribunals (FTs) powers of a first-class judicial magistrate to issue arrest warrants, detain suspected foreigners, and regulate employment and entry of migrants.
Description:
- Established under Foreigners (Tribunals) Order, 1964, issued under Section 3 of the Foreigners’ Act, 1946.
- Quasi-judicial bodies to decide whether a person is a foreigner (illegal immigrant).
Jurisdiction & Presence:
- Exclusive to Assam – due to large-scale immigration concerns.
- In other States, cases of illegal immigrants are handled directly under the Foreigners’ Act.
Composition:
- Headed by members drawn from:
- Retired judges,
- Advocates,
- Civil servants with judicial experience.
- MHA (2021): 300 FTs sanctioned in Assam.
- Assam State Govt website: ~100 functional (as of recent update).
- First 11 FTs: set up before the Illegal Migrants (Determination by Tribunals) Act, 1983 (IMDT Act) was scrapped in 2005.
Powers & Functioning:
- Have powers of a civil court:
- Summon witnesses, enforce attendance, examine on oath.
- Require production of documents.
- Procedure:
- Notice to suspected foreigners within 10 days (in English or State’s official language).
- A person has 10 days to reply and another 10 days for evidence submission.
- FT must dispose of the case within 60 days of reference.
- Outcome:
- If no proof of citizenship → referral to detention centre / transit camp for deportation.
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