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NLSIU–Queen Mary Report
Context
A new report titled “Unmaking Citizens” by NLSIU and Queen Mary University (London) has raised serious concerns over the functioning of Assam’s Foreigners’ Tribunals, alleging systematic procedural violations and constitutional infractions in citizenship adjudication.
Foreigners’ Tribunals (FTs) – Legal and Institutional Background:
- Foreigners’ Tribunals in Assam function under the Foreigners (Tribunals) Order, 1964, issued under the Foreigners Act, 1946.
- These are quasi-judicial bodies empowered to determine whether a person residing in India is a foreigner, particularly in Assam.
Key Findings of the “Unmaking Citizens” Report (2025):
- As of 2025, approximately 1.66 lakh individuals have been declared ‘foreigners’ by these tribunals.
- The report analyzed over 1,200 Gauhati High Court orders and found systematic arbitrariness, such as:
- Rejection of valid oral and documentary evidence
- Absence of uniform evidentiary standards
- Lack of procedural safeguards
- Over 85,000 cases are pending, with millions of appeals from NRC-excluded individuals anticipated.
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