Border Vigils

(Source: The Indian Express, Editorial Page)

Also Read: The Indian Express Editorial Analysis: 11 June 2025
Also Read: The Hindu Editorial Analysis: 11 June 2025

Topic: GS Paper 2: Governance, Fundamental Rights, Internal Security; GS Paper 1: Post-Independence Consolidation

Context

The Assam Government has invoked the Immigrants (Expulsion from Assam) Act, 1950 to deport people identified as “illegal immigrants.” While 330 individuals were recently deported to Bangladesh, the move has reignited debate over due process, citizenship, and the rights of vulnerable populations—especially in the wake of the NRC and CAA controversies.

Legal Framework and Constitutional Tensions:

• The 1950 Act allows for expulsion of immigrants but lacks detailed procedural safeguards.

• It was originally enacted in response to the Partition and massive refugee influx, but its modern use bypasses newer legal standards under Article 14 (equality), Article 21 (due process), and Article 22 (protection from arbitrary detention).

• Critics argue that this Act cannot override constitutional protections or SC judgments that ensure fair hearings and transparency in expulsion cases.

Concerns with Institutional Checks:

• Recent deportations occurred without clarity on refugee status determination or legal appeal mechanisms.

• The move undermines safeguards like the Foreigners Tribunal, often bypassing the judicial review process.

• There are fears this could set a precedent for other states to adopt similar administrative actions.

Human Rights and NRC Backdrop:

• Assam has seen significant social unrest due to NRC exclusions, impacting nearly 19 lakh people.

• These policies disproportionately affect linguistic and religious minorities, often lacking documentation due to historical displacement or illiteracy.

• Deportation amid poor rehabilitation provisions raises humanitarian concerns.

Administrative and Diplomatic Implications:

• The deportation of 330 people to Bangladesh may strain diplomatic ties, particularly as such moves are unilateral.

• Poor recordkeeping and disputed border demarcations further complicate the situation.

• Risk of statelessness and rights violations if identity and nationality aren’t verified carefully.

Way Forward:

• There is a need to update immigration laws in line with constitutional principles and international refugee conventions.

• Establish independent Refugee Status Determination (RSD) authorities with judicial review.

• Balance national security concerns with human dignity and federal consultation.

Legal and Constitutional Comparison

Aspect	1950 Act Implementation	Constitutional Safeguards
Legal Basis	Immigrants (Expulsion from Assam) Act, 1950	Articles 14, 21, 22 of Indian Constitution
Process	Administrative expulsion by State	Due process, tribunal hearings, legal aid
Appeal Mechanism	Unclear or absent	High Court/Supreme Court oversight
Target Population	“Illegal immigrants” under executive discretion	Persons entitled to equality and protection of law

Practice Question: Examine the constitutional implications of invoking the Immigrants (Expulsion from Assam) Act, 1950 in the current socio-political context of Assam. Suggest reforms to balance national security with human rights.(15 marks, 250 words)