Unmaking Citizens: A Deep Dive into Foreigners’ Tribunals in Assam and India’s Citizenship Crisis

✍️ By Suryavanshi IAS | For UPSC Aspirants | Ethics • Polity • Governance

🔍 CONTEXT: Why This Matters for UPSC

In recent years, citizenship and identity issues have become central to India’s legal and political discourse. The role of Foreigners’ Tribunals (FTs) in Assam and their controversial functioning challenge not just legal norms, but also constitutional values like due process, human rights, and equality before law. These debates are now linked with possible nationwide implementation of the National Register of Citizens (NRC), making it crucial for UPSC aspirants to understand the legal architecture, ethical implications, and policy lessons.

🧾 REPORT IN FOCUS: “Unmaking Citizens” (2025)

A collaborative report by:

National Law School of India University (NLSIU)
Queen Mary University of London
Parichay Legal Aid Clinic

🧠 Key Authors:

Mohsin Alam Bhat, Arushi Gupta, and Shardul Gopujkar

⚖️ What Are Foreigners’ Tribunals?

Quasi-judicial bodies set up under the Foreigners Act, 1946, tasked with determining the nationality status of people.
In Assam, FTs have become the primary machinery to identify so-called "illegal immigrants", especially after the NRC exercise.
Total Declared ‘Foreigners’ (2025): 1.66 lakh+
Pending Cases: 85,000+
Expected Appeals from NRC Exclusion: 1 million+

🚨 Key Findings of the Report

1. Widespread Arbitrariness

Evidence (documents/oral) often ignored or rejected without reason.
Many decisions lack legal reasoning.

2. Violation of Legal Principles

Absence of independent legal foundation
Susceptibility to executive interference
Adjudicators often not adequately qualified

3. Threat to Rule of Law

Inconsistent standards of proof and judgment
Denial of effective legal remedy
Potential for statelessness

📜 Historical and Legal Background

🏛️ IMDT Act, 1983

Initially governed immigration trials in Assam
Seen as pro-immigrant, scrapped in 2005 by Supreme Court

🏛️ Post-2005:

FTs created under Foreigners Act, 1946
Many are temporary, and need MHA approval for extension — a threat to judicial independence

📌 Constitutional and Ethical Dimensions

Principle	Relevance
Article 14	Violation of equality before law
Article 21	Risk of deprivation of liberty and statelessness
Rule of Law	Undermined by executive interference and non-uniform processes
Natural Justice	No right to appeal, poor legal representation
Human Dignity	Affected by arbitrary rejection of identity

🌍 International Standards Ignored

Right to effective remedy under International Covenant on Civil and Political Rights (ICCPR)
Non-refoulement principle violated in cases of undocumented persons

📖 UPSC Syllabus Linkage

GS Paper	Subtopics
GS II	Polity: Judiciary, Governance, Fundamental Rights, Tribunals
GS I	Society: Demographics, Migration
GS IV	Ethics: Justice, Human Dignity, Administrative Ethics
Essay	Topics on Citizenship, Identity, Rights vs Security

🧠 Important Takeaways for Aspirants

✅ Know the difference between NRC, NPR, CAA, and FTs
✅ Understand constitutional safeguards under Articles 14, 21, 32
✅ Critically evaluate quasi-judicial bodies and their accountability
✅ Prepare case studies for GS IV (Ethics)
✅ Learn to balance national security vs human rights in essay questions

📚 PREVIOUS YEARS’ UPSC QUESTIONS

🟡 GS II / Polity:

📝 UPSC CSE 2021

Q. “Institutional quality is a crucial driver of economic performance.” In this context suggest reforms in Civil Service for strengthening democracy in India.

(Use example of FTs undermining rule of law to suggest reforms in quasi-judicial institutions.)

📝 UPSC CSE 2020

Q. “Constitutional morality is rooted in the Constitution itself and is founded on the essential facets of individual liberty. Explain the doctrine of constitutional morality with the help of relevant judicial decisions.

(Discuss FT practices and SC judgments on citizenship in Assam.)

🟡 GS I / Society:

📝 UPSC CSE 2022

Q. “The process of socio-economic transformation in India has widened the gap between the majority and minority communities.” Discuss.

(Discuss NRC/FTs and their effect on vulnerable communities.)

🟡 GS IV / Ethics:

📝 UPSC CSE 2019

Q. What does the quote mean to you: “The weakest are the yardstick of justice in society.”

(Apply it to NRC exclusions and tribunal injustices.)

🧩 Practice-Based Question

Q. Critically analyze the role of Foreigners’ Tribunals in Assam and discuss how they align with India’s constitutional principles. Suggest reforms to make the citizenship adjudication process more just and transparent. (250 words)

🔧 Way Forward – Reforms Suggested

✅ Establish independent statutory tribunals
✅ Mandate legal representation for the accused
✅ Adopt uniform rules of evidence
✅ Strengthen appellate mechanisms
✅ Ensure periodic judicial review and parliamentary oversight

📌 Final Words from Suryavanshi IAS

Citizenship is not merely a legal status, but a gateway to dignity and rights. Any adjudication system that plays with the fundamentals of identity must be rooted in transparency, fairness, and the Constitution of India. UPSC aspirants must not just memorize facts, but think deeply as future policymakers.

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