Preliminary G.S.R. 1401.

Published vide Notification No. G.S.R. 1401, dated 23rd September, 1964

G.S.R. 1401.—In exercise of the powers conferred by Section 3 of the Foreigners Act, 1946 (31 of 1946), the Central Government hereby makes the following order, namely:-

O.1 Short title.

1. Short title.—This order may be called the Foreigners (Tribunals) Order, 1964.

O.2 Constitution of Tribunals.

2. Constitution of Tribunals.—(1) The Central Government may by order, refer the question as to whether a person is not a foreigner within the meaning of the Foreigners Act, 1946 (31 of 1946) to a Tribunal to be constituted for the purpose, for its opinion.

Legal Commentary on FOREIGNERS (TRIBUNALS) ORDER, 1964 - Section O.2

Introduction

The Foreigners (Tribunals) Order, 1964 was enacted under the Foreigners Act, 1946, to establish a framework for determining the nationality of individuals suspected of being foreigners in India. This order is particularly significant in the context of Assam, where issues of illegal immigration have been prominent.

What does Section O.2 Say

Section O.2 of the Foreigners (Tribunals) Order, 1964 outlines the constitution of Foreigners Tribunals. It specifies the composition and appointment of tribunal members, emphasizing the need for judicial experience among appointees.

Essential Ingredients

• Constitution of Tribunals: The section mandates the formation of tribunals by the Central Government.
• Judicial Experience: Members of the tribunal must possess judicial experience, ensuring a level of expertise in adjudicating cases.

Scope of Section

The scope of Section O.2 extends to the entire country, although the operational focus has primarily been in Assam. It provides a legal basis for the establishment of tribunals that can adjudicate on matters related to the nationality of individuals.

Punishment for Section

While Section O.2 itself does not prescribe specific punishments, the broader context of the Foreigners Act and related orders indicates that individuals declared as foreigners may face detention and deportation, with penalties ranging from three months to eight years of imprisonment for violations related to illegal immigration.

Legal Comments

• Tribunal Composition - The tribunal shall consist of persons with judicial experience as appointed by the Central Government. - [Source Reference]
• Jurisdiction - The Foreigners (Tribunals) Order, 1964 applies to the whole of India, although operational tribunals are primarily in Assam. - [Source Reference]
• Notice Requirement - Tribunals are required to serve a notice in English or the official language of the State to the person alleged to be a foreigner within 10 days. - [Source Reference]
• Ex Parte Orders - If a tribunal passes an ex parte order, the affected person may appeal if they can show "sufficient cause." - [Source Reference]
• Fair Procedure - The procedure under the Foreigners Act and the Order is deemed just, fair, and reasonable, aligning with constitutional provisions. - [Source Reference]
• Regulation of Procedure - The tribunal has the power to regulate its own procedure for the expeditious disposal of cases. - [Source Reference]
• Appeal Limitations - If a tribunal has previously declared a person a foreigner, that individual cannot appeal against the decision. - [Source Reference]
• Detention Centers - Individuals declared foreigners may be held in detention centers until their country of origin agrees to accept them. - [Source Reference]
• Amendments - Recent amendments have empowered district magistrates across all states to constitute Foreigners Tribunals. - [Source Reference]
• Quasi-Judicial Nature - Foreigners' Tribunals are quasi-judicial bodies tasked with determining the status of individuals as foreigners. - [Source Reference]
• Judicial Review - Decisions made by Foreigners Tribunals can be subject to judicial review in higher courts. - [Source Reference]
• Central Government Authority - The establishment and functioning of the tribunals are under the purview of the Central Government, reflecting a centralized approach to immigration control. - [Source Reference]
• Historical Context - The order was established in response to the challenges posed by illegal immigration, particularly in the northeastern states of India. - [Source Reference]
• Legal Framework - The Foreigners (Tribunals) Order, 1964 is part of a broader legal framework aimed at managing foreign nationals in India. - [Source Reference]
• Public Interest - The establishment of these tribunals is often justified on grounds of national security and public interest. - [Source Reference]
• Judicial Independence - The requirement for judicial experience among tribunal members aims to uphold the independence and integrity of the adjudicative process. - [Source Reference]
• Impact on Individuals - The implications of being declared a foreigner can be severe, affecting an individual's rights and status in India. - [Source Reference]
• Legislative Intent - The legislative intent behind the Foreigners (Tribunals) Order, 1964 is to provide a mechanism for fair adjudication of nationality disputes. - [Source Reference]
• Constitutional Validity - The order has been challenged in courts, raising questions about its constitutional validity and adherence to due process. - [Source Reference]
• Public Perception - The functioning of Foreigners Tribunals has been a subject of public debate, particularly concerning human rights implications. - [Source Reference]

O.3 Procedure for disposal of questions.

3. Procedure for disposal of questions.—(1) The Tribunal shall serve on the person, to whom the question relates, a copy of the main grounds on which he is alleged to be a foreigner and give him a reasonable opportunity of making a representation and producing evidence in support of his case and after considering such evidence as may produced and after hearing such persons as may desire to be heard, the Tribunal shall submit its opinio

Legal Commentary on FOREIGNERS (TRIBUNALS) ORDER, 1964 - Section O.3

Introduction

The Foreigners (Tribunals) Order, 1964 was enacted under the powers conferred by the Foreigners Act, 1946. It establishes a framework for the creation and functioning of Foreigners Tribunals in India, primarily aimed at determining the citizenship status of individuals suspected of being illegal immigrants.

What does Section O.3 Say

Section O.3 outlines the procedural requirements for the operation of Foreigners Tribunals, including the necessity for the tribunal to serve a copy of the main grounds on which an individual is alleged to be a foreigner. This ensures that the individual is informed of the allegations against them and can prepare a defense.

Essential Ingredients

• Notice Requirement: The tribunal must provide a copy of the main grounds for the allegation.
• Opportunity to Respond: Individuals must be given a chance to present their case.
• Quasi-Judicial Nature: The tribunals operate with powers akin to civil courts.

Scope of Section

The scope of Section O.3 extends to all individuals who are alleged to be foreigners within the jurisdiction of the tribunals. It applies uniformly across India, although its practical implementation has been predominantly in Assam.

Punishment for Section

While Section O.3 itself does not prescribe specific punishments, the broader context of the Foreigners Act, 1946 indicates that individuals found to be illegal immigrants may face penalties ranging from detention to deportation.

Legal Comments

• Notice - The tribunal must serve a copy of the main grounds on which a person is alleged to be a foreigner, ensuring due process is followed. -
• Quasi-Judicial Powers - Foreigners Tribunals have powers similar to civil courts, allowing them to summon witnesses and enforce attendance. -
• Applicability - The Foreigners (Tribunals) Order, 1964 is applicable throughout India, although operational tribunals are primarily located in Assam. -
• Time Frame - The tribunals are required to make decisions within 60 days of receiving a reference from the authorities. -
• Ex Parte Orders - If a tribunal issues an ex parte order, individuals can appeal if they demonstrate sufficient cause for their absence. -
• Amendments - The Ministry of Home Affairs has amended the order to empower district magistrates to establish Foreigners Tribunals across all states. -
• Judicial Review - Decisions made by Foreigners Tribunals can be subject to judicial review, ensuring oversight of their functioning. -
• Legal Representation - Individuals have the right to legal representation during tribunal proceedings, which is crucial for ensuring fair hearings. -
• Grounds for Allegation - The grounds for alleging someone as a foreigner must be clearly articulated and communicated to the individual. -
• Constitutional Validity - The establishment and functioning of Foreigners Tribunals have been challenged in courts, raising questions about their constitutional validity. -
• Impact on Citizenship - The order has significant implications for citizenship status, particularly for individuals from marginalized communities. -
• Controversy - The functioning of Foreigners Tribunals has been controversial, with accusations of bias and lack of transparency in proceedings. -
• Documentation Requirement - Individuals must provide adequate documentation to prove their citizenship status during tribunal hearings. -
• Role of Government - The Central Government plays a crucial role in the establishment and oversight of Foreigners Tribunals. -
• Public Perception - The tribunals are often viewed with skepticism by the public, particularly among communities that fear wrongful classification as foreigners. -
• Legal Framework - The Foreigners (Tribunals) Order, 1964 is part of a broader legal framework aimed at managing immigration and citizenship issues in India. -
• Judicial Precedents - Various judicial precedents have shaped the interpretation and implementation of the Foreigners (Tribunals) Order, 1964. -
• Future Amendments - Ongoing discussions about potential amendments to the order reflect the evolving nature of immigration law in India. -
• Human Rights Concerns - The operation of Foreigners Tribunals raises significant human rights concerns, particularly regarding the treatment of individuals deemed foreigners. -

O.4 Power of Tribunals.

4. Power of Tribunals.—The Tribunal shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him