EXAM
EXAM
Description
Assam Chief Minister Himanta Biswa Sarma has announced that the state will implement the Immigrants (Expulsion from Assam) Act, 1950, to address the persistent issue of illegal immigration, particularly from Bangladesh. This legislation enables the removal of illegal migrants without requiring judicial involvement.
Historical Background Of Act
The Immigrants (Expulsion from Assam) Act was introduced on March 1, 1950, to manage the surge of migrants from East Bengal after India’s Partition in 1947. The migration, prompted by widespread communal violence and political unrest, led to demographic pressures in Assam. The Act authorises the Central Government to remove individuals who may be a threat to public peace or the rights of Scheduled Tribes living in the state.
Key Provisions And Powers
Under this law, district commissioners are empowered to issue deportation orders directly, bypassing judicial procedures. Though originally intended for Assam, the Act has broader applicability across India. However, it has seen limited use in the decades since its passage.
Impact Of Assam Movement
The Assam Movement (1979–1985), led by the All Assam Students’ Union (AASU), brought renewed focus on illegal immigration. It resulted in the Assam Accord of 1985, which declared March 24, 1971, as the cut-off date for determining foreign nationals in the state.
Recent Legal Validation
In October 2024, the Supreme Court of India upheld Section 6A of the Citizenship Act, confirming that the 1950 Act remains operational. The Court clarified that this law could be used in coordination with the Citizenship Act and the Foreigners Act for identifying and removing undocumented migrants.
Government’s Implementation Strategy
Chief Minister Sarma admitted that earlier administrations had overlooked the existence of the 1950 Act. He stated that the government is now preparing to actively implement the legislation. However, those already undergoing legal proceedings will not be affected by this move.
Broader Implications
The decision to reactivate the 1950 Act reflects long-standing concerns about illegal migration and cultural identity in Assam. It may also serve as a model for other states grappling with similar challenges, potentially shaping India’s wider immigration policy.
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