The political landscape in Assam is witnessing a major legal shift. Recently, the state government revived a law that had been dormant for over seven decades. The Immigrants (Expulsion from Assam) Act, 1950, is now back in focus. Chief Minister Himanta Biswa Sarma has championed its use to expedite the detection and expulsion of illegal migrants. This move has sparked intense debate about the history and future of citizenship in the state.
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This Act was originally a response to the massive cross-border movements following the Partition of India. However, it was sidelined shortly after its enactment due to sensitive diplomatic and social reasons. Today, its revival marks a significant departure from the standard procedures used for the last 40 years.
The Post-Partition History of the 1950 Act
The Immigrants (Expulsion from Assam) Act was enacted on March 1, 1950. At that time, Assam was dealing with a huge influx of people from East Pakistan (now Bangladesh). The local population was worried about demographic shifts and land encroachment. Consequently, the provincial government demanded a special legal framework to manage this pressure.
Initially, the law was titled the “Undesirable Immigrants (Expulsion from Assam) Act.” It gave the Central Government the power to order the removal of any person whose presence was “detrimental” to the general public or to Scheduled Tribes. However, the law was only applied briefly. By April 1950, Prime Minister Jawaharlal Nehru ordered a halt to all actions under the Act. This was a direct result of the Nehru-Liaquat Pact. This pact aimed to protect minorities in both India and Pakistan. As a result, the Act remained on the books but was never actively enforced—until now.
Why the Assam Government Revived the Law in 2025-26
The decision to bring back the Immigrants (Expulsion from Assam) Act in 2025 came after years of legal frustration. The Chief Minister has often criticized the Foreigners Tribunal (FT) system for being too slow. Currently, over 82,000 cases are pending in these tribunals. Because the tribunal process can take years, the government sought a faster alternative.
In late 2024, the Supreme Court provided a legal opening. While upholding Section 6A of the Citizenship Act, the court noted that the 1950 Act remains valid. Sarma interpreted this as a green light to use the 75-year-old law to bypass cumbersome legal delays. The state cabinet then approved a new Standard Operating Procedure (SOP) to implement the Act across all districts.
Key Provisions and Powers Under the Revived Act
The Immigrants (Expulsion from Assam) Act grants the executive branch broad powers that were previously reserved for quasi-judicial bodies. Under the new SOP, District Commissioners (DCs) have become the primary authority for detecting foreigners.
- Identification and Notice: A DC can now identify a suspect and serve a 10-day notice.
- Burden of Proof: Within those 10 days, the individual must prove their Indian citizenship.
- Expulsion Order: If the DC is not satisfied with the evidence, they can issue an immediate evacuation order.
- Holding Centers: Individuals who do not comply are sent to holding centers before being pushed back by the border forces.
Interestingly, the Act still includes a “refugee exemption.” It states that people displaced due to “civil disturbances” in Pakistan should not be expelled. This clause was originally meant to protect Hindu refugees fleeing violence in 1950. However, how this clause will be interpreted in 2026 remains a subject of legal scrutiny.
The Impact on Detection and Deportation
The first active use of the revived Immigrants (Expulsion from Assam) Act occurred in late 2025. In the Sonitpur district, authorities issued expulsion orders to five individuals. These people had been declared foreigners by a tribunal earlier that year. The use of the 1950 Act allowed the district administration to order them to leave India within 24 hours.
This “fast-track” model is a sharp contrast to the old system. Previously, even “declared foreigners” could spend months or years in detention while their appeals were processed. By using the 1950 law, the government aims to shorten the time between detection and deportation. Sarma believes this will serve as a strong deterrent against future illegal entries.
Opposition and Legal Concerns
While the government sees the Immigrants (Expulsion from Assam) Act as a necessary tool, critics have raised serious alarms. Human rights groups argue that the law empowers bureaucrats rather than judges. They fear that a 10-day window is not enough for poor or uneducated residents to gather complex documents.
There are also concerns about the “detrimental presence” clause. In 1950, this was used to address communal tensions. In 2026, critics worry it could be used selectively against religious or linguistic minorities. Legal experts are currently watching to see if the Gauhati High Court or the Supreme Court will place new restrictions on how the Act is applied.
Conclusion: A New Era of Foreigner Detection
The revival of the 1950 Act has fundamentally changed how Assam handles its “foreigner” issue. By bringing a Partition-era law back to life, the state government has prioritized speed and executive action. The Immigrants (Expulsion from Assam) Act is no longer a historical curiosity; it is a central part of the state’s security policy.
As the 2026 assembly elections approach, this Act will likely remain a major talking point. The government claims it is protecting the interests of indigenous people. On the other hand, the opposition sees it as a move toward extra-judicial mass disenfranchisement. Only time will tell if this 75-year-old law can solve a problem that has persisted for decades.
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