Answer:

The Foreigners Tribunal is a quasi-judicial body created through an executive order namely- Foreigners Tribunal Order, 1964 under Section 3 the Foreigners Act, 1946. When referred by the Central/State Government /District Magistrate, foreigner tribunals decide on matters related to:

♤ Whether a person is a foreigner within the meaning of Foreigners Act, 1946.

♤ Whether a person of Indian origin complies with the requirements under Clause 6A (Assam Accord) of the Citizenship Act, 1955.

Foreigners Tribunals can regulate their own procedure. They have powers equivalent to that of a Civil Court. They can summon and enforce the attendance of any person and can also examine them under oath. At present, Foreigners Tribunals have been created in Assam to hear appeals of people who are excluded from the final National Register of Citizens (NRC). The judgments of these tribunals can be challenged in higher courts.

The power to declare a person as foreigner lies with these tribunals only. Therefore, fair functioning of these bodies is very essential. However, following issues have been observed:

♤ These tribunals have been created through an executive order. This is in violation of Article 323B of Indian Constitution, which requires that only the Legislature through law can provide for adjudication of matters by tribunal.

♤ These Tribunals often fail to mention in the notices to alleged foreigners the main grounds on which that person is alleged to be a foreigner, thus, flouting Section 3(1) of the Foreigners Tribunals Order, 1964 requiring them to mention the main grounds.

♤ The 1964 order contains ‘Judicial Experience’ as an essential appointment criteria, whereas, this eligibility has been relaxed through a notification recently and now even retired civil servants and advocates with just seven years of practice can be appointed as members of these tribunals.

♤ Executive decides the tenure of tribunal members and extension of their terms on the basis of their ‘performance’. Pay and allowances of members are also regulated by the government.

Arbitrary decisions and lack of impartiality has been observed during Assam NRC and therefore the Guwahati High Court has ordered fresh hearing by the Foreigners Tribunals (FTs) in many cases. Since, there is a demand for a nation-wide NRC, these FTs must be brought under the strict supervision of concerned High courts and should be freed from the governmental control.