Foreigners Tribunals (FTs)

Foreigners Tribunals (FTs) are quasi-judicial bodies established in India under the Foreigners Act, 1946, to determine whether a person residing in India is a foreigner or a citizen of India. These tribunals play a crucial role in matters concerning illegal migration, nationality disputes, and citizenship verification, especially in the state of Assam, where questions of citizenship have been a long-standing political and legal issue.

Legal Foundation and Origin

The legal basis for Foreigners Tribunals lies in the Foreigners Act, 1946, enacted during British India, which empowers the Central Government to detect and deport foreigners who are in India without valid authorisation. The Foreigners (Tribunals) Order, 1964, issued by the Central Government under Section 3 of the Act, provides for the constitution of these tribunals to decide cases where a question arises regarding a person’s nationality.
Under the provisions of this order:

• The Central Government or any officer authorised by it may refer a case to a Foreigners Tribunal for determination.
• The tribunal is required to decide whether the person concerned is a foreigner within the meaning of the Act, i.e., a person who is not a citizen of India.

In Assam, these tribunals gained special prominence after the signing of the Assam Accord (1985), which set 25 March 1971 as the cut-off date for determining citizenship in the state. This accord was the outcome of the six-year-long Assam Agitation, a mass movement demanding the identification and deportation of illegal migrants from Bangladesh.

Structure and Composition

Foreigners Tribunals are quasi-judicial bodies, meaning they function like courts but are not part of the regular judiciary. Their establishment, composition, and functioning are governed by administrative rules framed under the Foreigners (Tribunals) Order, 1964, as amended from time to time.
Each tribunal generally consists of:

• A Member (Presiding Officer), usually a retired judicial officer or advocate with a minimum number of years of legal experience;
• Supporting administrative staff for record maintenance and procedural functions.

Tribunal members are appointed by the Government of India or by the State Government acting on behalf of the Central Government. In Assam, the Home and Political Department manages the tribunals under the overall supervision of the Ministry of Home Affairs (MHA).

Jurisdiction and Powers

The tribunals are vested with powers similar to those of a civil court under the Code of Civil Procedure (CPC), 1908, for the purposes of:

• Summoning witnesses;
• Requiring the production of documents;
• Examining evidence under oath;
• Passing binding determinations.

However, the tribunals are not bound by strict rules of evidence under the Indian Evidence Act, 1872 and may adopt procedures considered just and fair in the circumstances of each case.
Once a case is referred to an FT, it determines whether the person is an Indian citizen or a foreigner (i.e., a non-citizen who entered India without valid documents or after the specified cut-off date). The burden of proof lies upon the person suspected of being a foreigner, as per Section 9 of the Foreigners Act, 1946.

Foreigners Tribunals in Assam

The functioning of FTs is most prominent in the state of Assam, where large-scale cross-border migration has led to persistent concerns about illegal immigration. The National Register of Citizens (NRC), updated under the supervision of the Supreme Court of India and published in 2019, sought to identify Indian citizens residing in the state.
Persons excluded from the final NRC list were granted the right to appeal to Foreigners Tribunals. As a result, the number of tribunals in Assam has increased significantly. Initially, only a few tribunals existed, but in recent years, over 300 Foreigners Tribunals have been set up across the state to handle the massive caseload.
These tribunals decide upon references made by:

• The Superintendent of Police (Border) in each district, who investigates suspected foreigners;
• Appeals filed by individuals excluded from the NRC list;
• Cases transferred from earlier tribunals or pending under different authorities.

Procedure of Adjudication

The process followed by the Foreigners Tribunals generally involves the following steps:

1. Reference: A case is referred to the tribunal by a competent authority, often the district police (Border branch).
2. Notice to the Proceedee: The person suspected of being a foreigner receives a formal notice to appear and present evidence of Indian citizenship.
3. Submission of Documents: The individual may submit documentary evidence such as birth certificates, voter lists, land records, or school certificates to prove Indian origin.
4. Hearing and Examination: Both sides—prosecution (usually the police) and the proceedee—are heard, and witnesses may be examined.
5. Decision: After evaluating the evidence, the tribunal issues an order declaring the person either an Indian citizen or a foreigner.

If declared a foreigner, the individual may be detained in a detention centre pending deportation, although actual deportation is contingent on diplomatic and logistical arrangements with the concerned foreign country.

Appeal and Judicial Review

An aggrieved person has the right to approach the High Court and subsequently the Supreme Court of India under Articles 226 and 136 of the Constitution for judicial review of the tribunal’s decision. Courts generally examine whether the tribunal followed due process and applied the law correctly. However, the factual findings of tribunals are usually treated as final unless manifestly erroneous.
The Supreme Court, in several judgments such as Sarbananda Sonowal v. Union of India (2005), upheld the legality and necessity of Foreigners Tribunals in addressing the issue of illegal immigration but also emphasised the need for fairness, transparency, and procedural safeguards.

Issues and Criticisms

Foreigners Tribunals have been subject to intense scrutiny and criticism for a variety of reasons:

• Burden of Proof: Placing the burden on the accused person, often poor and illiterate, has been criticised as harsh and contrary to natural justice.
• Procedural Irregularities: Reports of inconsistent procedures, inadequate legal representation, and lack of proper documentation are frequent.
• Quality of Adjudication: Questions have been raised about the competence, training, and accountability of tribunal members.
• Humanitarian Concerns: Many individuals declared foreigners have lived in India for decades, raising humanitarian and ethical issues regarding detention and deportation.
• Lack of Clarity on Deportation: Due to limited repatriation agreements with neighbouring countries, declared foreigners often remain indefinitely in detention or in uncertain legal limbo.

Civil society organisations, human rights groups, and legal scholars have called for greater procedural transparency, legal aid availability, and oversight to ensure justice in citizenship determination.

Administrative and Political Significance

The Foreigners Tribunal system represents India’s effort to balance sovereign control over borders with individual rights and procedural fairness. It operates at the intersection of citizenship law, immigration control, and human rights.
In Assam, the FTs are central to the implementation of the Assam Accord, the NRC process, and ongoing efforts to manage demographic and political tensions arising from migration. Their decisions directly affect not only individuals’ rights but also the broader social and political discourse concerning identity, belonging, and national security.