In a dramatic and precedent-setting turn, the Assam government has invoked the Immigrants (Expulsion from Assam) Act, 1950 to order five individuals to leave the state within 24 hours. This is the first known use of this law since its enactment, marking a sharp escalation in Assam’s citizenship enforcement policy.
Background: What Is the 1950 Act?
The Immigrants (Expulsion from Assam) Act, 1950, empowers the central or state government to expel a person or class of persons if their continued stay in Assam is considered “detrimental to the interests of the general public” or certain communities.
Under Section 2(a) of the Act, authorities can issue an order “to remove himself … from India or Assam within such time and by such route as may be specified.”
What Triggered This Move Now?
In September 2025, the Assam Cabinet approved a Standard Operating Procedure (SOP) for implementing the 1950 Act.
This SOP empowers District Commissioners (DCs) and senior police to bypass Foreigners’ Tribunals and issue expulsion orders more rapidly.
If a person is suspected of being an illegal immigrant, the DC gives them ten days to produce proof of citizenship.
Failing that, the DC may issue an expulsion order under Section 2(a), specifying 24 hours to leave via a designated route.
For those already declared foreigners by tribunals, the DC can directly issue expulsion orders, without further tribunal process.
The Five People Ordered to Leave
The five individuals are residents of Dhobokata village in Sonitpur district, Assam.
Their names are Hanufa, Mariyam Nessa, Fatema, Monowara, and Amjad Ali.
On October 24, 2025, the Sonitpur Foreigners Tribunal declared each of them as foreign nationals in separate cases.
The expulsion notice, signed by Sonitpur DC Ananda Kumar Das, states that their presence is “detrimental … to the internal security of the state.”
The order also mandates deletion of their names from electoral rolls, cancellation of ration cards, freezing or canceling of their Aadhaar cards, and removal from all government schemes.
They have been told to exit Assam via one of three specified routes: Dhubri, Sribhumi, or South Salmara-Mankachar.
Failure to comply may lead to legal removal from Assam under the 1950 Act.
Why This Matters: Implications and Concerns
Bypassing Foreigners’ Tribunals
The SOP significantly reduces the role of Foreigners’ Tribunals, which have long adjudicated citizenship disputes.
Speed and Scale
The 10-day notice plus 24-hour exit order can fast-track deportations, potentially allowing more assertive action.
Human Rights and Legal Safeguards
Critics argue the process may raise due-process concerns, since bureaucrats (DCs) now make citizenship decisions rather than quasi-judicial bodies.
Border Security & National Interest
Assam’s government frames the move as protecting demographic balance and internal security.
Judicial Backing
According to CM Himanta Biswa Sarma, a Supreme Court judgment supports using the 1950 Act alongside Section 6A of the Citizenship Act, 1955.
Critical Perspectives
Some civil society voices see this as executive overreach: granting sweeping power to bureaucrats may undermine safeguards meant to protect individuals from arbitrary expulsion.
Others fear this could fuel social tensions, especially in regions with sensitive demographic compositions.
Conversely, the Assam government argues this is a legally valid, court-endorsed mechanism to deal with suspected illegal immigration efficiently.
FAQ (Frequently Asked Questions)
What is the Immigrants (Expulsion from Assam) Act, 1950?
The Act is a law that allows the central or Assam government to order people to leave Assam (or India) if their presence is deemed harmful to public interests.
Why hasn’t this law been used before?
Though enacted in 1950, the law was seldom used. The recent SOP adopted by Assam in 2025 revitalizes its active use.
Who has the authority to issue expulsion orders now?
Under the new SOP, District Commissioners (DCs) and senior police officers can issue expulsion orders, bypassing foreigner tribunals.
What happens if someone is declared a foreigner by a tribunal?
If a Foreigners’ Tribunal has already declared someone a foreigner and they’ve exhausted legal remedies, the DC can directly order expulsion.
What routes are specified for expulsion?
In the case of the five people from Sonitpur, the routes named are Dhubri, Sribhumi, and South Salmara–Mankachar.
What if the expelled persons refuse to leave?
The expulsion order warns of further legal action. Authorities may also use holding centres or border push-back mechanisms.
Is this compatible with Indian citizenship law?
According to Assam’s leadership, yes. They cite a Supreme Court decision affirming the 1950 Act’s compatibility with Section 6A of the Citizenship Act, 1955.
source credit : Sukrita Baruah
Published on : 20th November
Published by : SARANYA
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