Why in the News?

• The Assam Cabinet recently approved the framing of a Standard Operating Procedure (SOP) under the Immigrants (Expulsion from Assam) Act, 1950, for “protecting” the state from illegal immigrants.

Immigrants (Expulsion from Assam) Act, 1950

• Enacted by the Parliament of India in 1950, specifically for the state of Assam.

• Provides the Central Government with the power to order expulsion of immigrants from Assam if their stay is deemed harmful to the interests of the people of the state.

• The District Commissioner (DC) can identify, investigate, and take action against suspected illegal immigrants.

• Designed in the backdrop of large-scale influx from East Pakistan (now Bangladesh), which created demographic, political, and social tensions in Assam.

Section 2 of the Act

• Empowers the government to direct removal of any person whose stay is considered detrimental to the general public of Assam.

Special Protection Clause

• Persons displaced from East Pakistan due to civil disturbances were not to be expelled, recognising the humanitarian dimension of Partition.

• The Act gained renewed relevance following a Supreme Court ruling affirming that the 1950 Act and Section 6A of the Citizenship Act, 1955 can operate together to expedite citizenship determination and deportation.

• The renewed focus aims to address past procedural delays and reduce the backlog of cases pending in Foreigners’ Tribunals.

About Section 6A of the Citizenship Act, 1955

• Inserted in 1985 through the Citizenship (Amendment) Act, 1985, as part of implementing the Assam Accord (1985).

• Applies only to Assam, making it a special provision on citizenship linked to migration from Bangladesh.

Key Provisions of Section 6A

• Cut-off Date Fixed:

  1. Before 1 January 1966:
     Persons of Indian origin who came to Assam from Bangladesh (then East Pakistan) are deemed Indian citizens.

  2. Between 1 January 1966 and 24 March 1971:

     • Allowed to register as citizens after a 10-year period,

     • Cannot vote during that period but enjoy other rights.

  3. After 24 March 1971:

     • All persons entering Assam from Bangladesh without valid documents are to be treated as illegal migrants and deported.

• The date coincides with the start of the Bangladesh Liberation War (25 March 1971).

About the SOP

• The SOP will apply the Immigrants (Expulsion from Assam) Act, 1950, to “swiftly evacuate” the post-1971 illegal migrants.

• The SOP will guide the DC and Senior Superintendents of Police to expel illegal migrants from Assam.

Key Features of the SOP

• The Deputy Commissioner will give a suspected person 10 days to prove their Indian citizenship.

• If the DC concludes the person is not a citizen, they will issue an evacuation order under Section 2(a) of the Act of 1950.

• Under Section 4 of the Act:

  • If an illegal migrant ignores an expulsion order, the DC, with help from the SSP, can:

    • Detain the person in a holding centre, or

    • Hand them over to the border force for expulsion.

• Only if the DC remains unsure, the case will be referred to a Foreigners’ Tribunal.

• If an illegal immigrant is caught at the zero line or within 12 hours of entry into Assam, they will be pushed back immediately without any further legal process.

• The SOP will allow Assam to “bypass” the protracted tribunal process and swiftly remove illegal migrants, particularly those entering post-1971.

Other Steps Taken By the Assam Cabinet

1. Humanitarian Relief Assistance

• Approved ₹5 crore from the Chief Minister’s Relief Fund to support monsoon-affected people in Himachal Pradesh.

• Fund drawn under the Chief Minister’s Public Emergency Scheme to help the neighbouring state recover quickly.

2. Rectifying Pay Anomalies

• Pay discrepancies affecting 20 staff members—including:

  • Physiotherapists

  • Speech therapists

  • Accountants

  • Cashiers

• At Jorhat Medical College and Hospital were addressed.

• Cabinet approved adjustments, ensuring direct-entry pay scale benefits and fair compensation.

3. Reforming Agricultural Markets

• Approved an amendment to the Assam Agricultural Produce & Livestock Marketing Act, 2020.

• Aligns the state law with the Model Act, 2017.

• Aims to improve market access and transparency, especially for small and marginal farmers.

Present Scenario on Illegal Migrants

• Since 2024, Assam has deported over 450 Bangladeshi infiltrators, including 33 in just the last few days.

• The state is executing a two-pronged strategy:

  • Detaining and deporting current illegal immigrants.

  • Preventing new entries.

• Surveillance intensified along the 1,885 km Indo-Bangladesh border, especially in high-risk districts like:

  • Sribhumi

  • South Salmara–Mankachar

Criticisms

 Risk of Misuse

• Granting sweeping power to DCs may lead to arbitrary expulsions without proper checks.

 Fair Hearing Concerns

• A 10-day window may be insufficient for suspects to gather adequate proof of citizenship.

 Judicial Bypass

• The move to sidestep Foreigners’ Tribunals raises concerns over due process and legal safeguards.

Conclusion

The Assam government’s approval of an SOP under the Immigrants (Expulsion from Assam) Act, 1950 marks a significant shift toward fast-tracking the determination and removal of illegal migrants, especially those entering post-1971.

While the move aligns with legal precedence and public security goals, its success hinges on:

• Safeguarding due process

• Ensuring adequate documentation

• Enabling transparent implementation

Mains Practice Question (150 words / 10 marks)

Q. The Assam Cabinet has recently approved a Standard Operating Procedure (SOP) to implement the Immigrants (Expulsion from Assam) Act, 1950. Critically analyse the potential impact of this measure on illegal migration management and citizenship verification in Assam.