2.10. Foreigners Tribunal

Foreigners’ Tribunals (FTs) are quasi-judicial bodies in India meant to determine whether a person is or is not a foreigner under Foreigner’s Act, 1946.

♤ FTs were first setup in 1964 and are unique to Assam. In rest of the country, a foreigner apprehended by the police for staying illegally is prosecuted in a local court and later deported/put in detention centres.

♤ Each FT is headed by a member who can be a retired judicial officer, bureaucrat or lawyer with minimum seven years of legal practice.

♤ The Tribunal shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908.

♤ If declared a foreigner or placed under the doubtful category ‘the burden of proof lies with the accused’. A person falling under such a category will have the right to appeal at the Foreigners Tribunal

♤ The Tribunal can summon and ask for the attendance of any person and examine him/her on oath.

♤ The Tribunal can ask anyone to produce the required documents.

♤ The Tribunal can commission examining any witness, as and when required

Earlier, powers to constitute tribunals were vested only with Centre. Recently amended Foreigners (Tribunal) Order, 2019 has empowered district magistrates in all States & Union Territories to set up tribunals to decide whether a person staying illegally in India is a foreigner or not. 


It has also empowered individuals to approach the Tribunals. Earlier, only the State administration could move the Tribunal against a suspect. 
The time limit for filing of appeals before the Foreigners Tribunal has been extended from 60 days to 120 days.