Foreign Tribunals
Source: The Hindu
GS II: Important aspects of governance, transparency and accountability, e-governance- applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures
Overview
- News in Brief
- Foreign Tribunals
- Foreigners (Tribunals) Order of 1964
Why in the News?
Assam government asked the Border wing of the State’s police not to forward cases of non-Muslims who entered India illegally before 2014 to the Foreigners Tribunals (FTs).
News in Brief
- This was in keeping with the Citizenship (Amendment) Act of 2019 that provides a citizenship application window for non-Muslims — Hindus, Sikhs, Christians, Parsis, Jains, and Buddhists — who allegedly fled persecution in Afghanistan, Bangladesh, and Pakistan.
- Over 30,000 people were detected to be foreigners by tribunals in Assam since 1966.
Foreign Tribunals
- Foreign tribunals play a crucial role in determining the status of individuals suspected of being foreigners in India.
- These quasi-judicial bodies are essential for maintaining the integrity of the nation’s borders and ensuring that only legitimate residents and citizens remain within the country.
- In this blog post, we will explore the concept of foreign tribunals in India, their functions, and their significance.
What are Foreign Tribunals?
- Foreign tribunals in India are specialized judicial bodies established to determine whether an individual is a foreigner or not.
- These tribunals operate under the Foreigners (Tribunals) Order, of 1964, which was enacted under the Foreigners Act, of 1946.
- The primary objective of these tribunals is to provide a legal mechanism for identifying and dealing with illegal immigrants.
Key Functions of Foreign Tribunals
- Adjudication of Citizenship:
- Foreign tribunals are responsible for adjudicating cases where an individual’s citizenship status is in question. They examine evidence and testimonies to determine whether a person is an Indian citizen or a foreigner.
- Handling NRC Cases:
- In states like Assam, foreign tribunals play a significant role in handling cases related to the National Register of Citizens (NRC). Individuals excluded from the NRC can appeal to these tribunals to prove their citizenship.
- Deportation Orders:
- Based on their findings, foreign tribunals can issue orders for the deportation of individuals found to be residing illegally in India. These orders are then executed by the relevant authorities.
Establishment and Jurisdiction
- The central government establishes foreign tribunals, but recent amendments to the Foreigners (Tribunals) Order, 1964, have empowered district magistrates in all states and union territories to set up these tribunals.
- This decentralization aims to expedite the process of identifying and dealing with illegal immigrants across the country.
Challenges and Concerns
- Judicial Delays:
- One of the significant challenges faced by foreign tribunals is the delay in adjudicating cases. The backlog of cases can lead to prolonged uncertainty for individuals whose citizenship status is under scrutiny.
- Burden of Proof:
- The burden of proof lies on the individual to establish their citizenship. This can be particularly challenging for marginalized and economically disadvantaged individuals who may lack proper documentation.
- Human Rights Concerns:
- There are concerns about the potential for human rights violations in the process of identifying and deporting illegal immigrants. Ensuring that the tribunals operate fairly and transparently is crucial.
Recent Developments
- The Ministry of Home Affairs has made several amendments to the Foreigners (Tribunals) Order, 1964, to streamline the functioning of these tribunals.
- These amendments include provisions for setting up additional tribunals and enhancing their powers to ensure timely adjudication of cases.
Foreigners (Tribunals) Order of 1964
- Establishment of Tribunals
- The order empowers the Central Government, State Governments, Union Territory administrations, and District Magistrates to establish tribunals to determine whether a person is a foreigner within the meaning of the Foreigners Act, 1946.
- Constitution of Tribunals
- Tribunals are constituted with members having judicial experience.
- The Central Government decides the number of members; if there are multiple members, one is appointed as the Chairman.
- Referral of Cases:
- Authorities such as the registering authority under the Citizenship Rules can refer cases to the tribunal to determine if a person of Indian origin meets the requirements under the Citizenship Act, 1955.
- Procedure for Disposal of Questions
- The tribunal serves a copy of the main grounds on which a person is alleged to be a foreigner and provides a reasonable opportunity for the individual to make a representation and produce evidence.
- After considering the evidence and hearing the concerned parties, the tribunal submits its opinion to the specified officer or authority.
- Powers of the Tribunal
- The tribunal has the powers of a civil court under the Code of Civil Procedure, 1908.
- This includes summoning and enforcing the attendance of any person, examining them on oath, requiring the discovery and production of documents, and issuing commissions for the examination of witnesses.
- Amendments and Updates
- The order has been amended several times to enhance its effectiveness. Notably, the Foreigners (Tribunals) Amendment Order, 2019 empowered district magistrates across all states and union territories to set up tribunals.
- Jurisdiction and Authority
- The tribunals have jurisdiction over cases referred to them by the authorities.
- They operate independently to ensure fair and impartial adjudication of citizenship status
Conclusion
- Foreign tribunals in India are vital for maintaining the country’s internal security and ensuring that only legitimate residents and citizens remain within its borders.
- While they play a crucial role in adjudicating citizenship cases, it is essential to address the challenges they face to ensure fair and transparent proceedings.
- By understanding the functions and significance of foreign tribunals, we can appreciate their role in upholding the rule of law and protecting the nation’s integrity.
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