Introduction
In a significant and controversial development, Assam’s administration has invoked the Immigrants (Expulsion from Assam) Act, 1950 to order five declared foreigners to leave the state (or India) within 24 hours. This move marks one of the first major uses of the partition-era law in decades and has raised legal, social, and financial-security concerns.
What Happened: The 24-Hour Order
The district administration in Sonitpur, Assam, issued expulsion orders to five individuals — Hanufa, Mariyam Nessa, Fatema, Monowara, and Amjad Ali — after they were declared foreigners by the Foreigners’ Tribunal earlier.
The expulsion order was issued under the 1950 Act, giving them 24 hours to leave via specified routes such as Dhubri, Sribhumi, or South Salmara-Mankachar.
Their names are to be removed from electoral rolls, ration cards canceled, Aadhaar cards frozen or canceled, and they’ll be removed from all government schemes.
The district commissioner warned of further action if they don’t comply.
Legal Background: The 1950 Expulsion Act
The Immigrants (Expulsion from Assam) Act, 1950 (IEAA) empowers authorities to expel persons “if their stay … is detrimental to the interests of the general public.”
Under section 2(a), the central government may direct individuals or classes of persons to “remove himself or themselves from India or Assam” within a specified time and route.
Historically, the law lay dormant for decades. Activists argue that previous reliance on Foreigners’ Tribunals allowed more procedural safeguards.
The New SOP: Speeding Up Expulsions
In September 2025, Assam’s Cabinet approved a Standard Operating Procedure (SOP) under the 1950 Act to expedite deportations.
District Commissioners (DCs) now have the power to issue notices to suspected illegal immigrants, giving them 10 days to prove citizenship.
If the DC finds the proof unsatisfactory, they can issue an expulsion order on the 10th day, mandating removal within 24 hours via a designated route.
For those already declared foreigners by tribunals (and who have exhausted judicial remedies), DCs can directly expel them without further scrutiny.
If the individuals refuse to leave, they may be detained, handed over to BSF, or sent to holding centres.
In cases detected near the border (“zero line”) or within 12 hours of entry, the SOP allows immediate push-back, without further process.
Why This Shift Matters
Bypassing Tribunals: The new procedure weakens the role of Foreigners’ Tribunals, which were the traditional route for citizenship adjudication.
Faster Expulsions: The 10-day window + 24-hour removal is dramatically faster than earlier legal processes.
Security and Public Order: The Assam government argues this is essential to protect demographic balance and internal security.
Risk of Rights Violations: Critics warn this may undermine due process and lead to arbitrary expulsions.
(FAQ)
Q1: What exactly is the Immigrants (Expulsion from Assam) Act, 1950?
A: It’s a law passed in 1950 that gives the government power to expel individuals or groups from Assam (or from India) if their stay is judged to threaten public interest or security.
Q2: Why is Assam using this old law now?
A: Assam’s Cabinet recently approved a Standard Operating Procedure (SOP) to implement the Act more aggressively, allowing district authorities to bypass Foreigners’ Tribunals and expedite expulsions.
Q3: What are the new procedural steps under the SOP?
A: Under the SOP, a suspected foreigner is given 10 days to prove citizenship. If the proof is unsatisfactory, a district commissioner can issue an expulsion order on the 10th day, directing removal within 24 hours.
If they refuse, they may be detained or handed to security forces.
Q4: Can someone legally challenge the expulsion order?
A: The SOP seems designed to limit the role of Tribunals, especially if a person has already been declared a “foreigner” by a tribunal and exhausted their appeals.
Critics argue this raises serious due-process concerns.
Q5: Is this move in line with the Supreme Court’s rulings?
A: Assam’s government cites a Supreme Court decision that reaffirmed the validity of the 1950 Act and indicated that district authorities can act without going through the judiciary always. However, legal experts have raised concerns about balancing speed and fairness.
source credit : Sukrita Baruah
Published on : 20th November
Published by : RAHAMATH
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