The Indian state has since created distinct mechanisms
to identify who it believes to be foreigners illegally residing
in Assam. In 1997, the Election Commission of India marked
thousands of persons as doubtful voters, abrogating their
participation in the democratic process. It remains unclear
how the commission came to identify voters. At present,
there are around 120,000 doubtful voters in Assam. The
state has also constituted a special police force tasked with
identifying foreigners.
In 1983, the Indian state had constituted tribunals
under the Illegal Migrants (Determination by Tribunal) Act
to determine the citizenship status of suspected foreigners
in Assam. The Indian Supreme Court in 2005 held the
legislation as unconstitutional in Sonowal v. Union of India.
The Court noted that the IMDT Act was ineffective since it
had far too many safeguards in favour of defendants. It held
that citizenship determination must be delegated to the
Foreigners
Tribunals
that
are
quasi-judicial
bodies
constituted by the Executive under the Foreigners Act 1946.
This Act places the burden of proof on the suspected
foreigners and permits the tribunal members to determine
their own procedures that may be in variance with ordinary
courts.
Over the last 15 years, the state has referred all doubtful
voter and police reference cases to these tribunals. Over
117,000 persons have been declared foreigners by these
tribunals. At present, 100 tribunals are in operation, and
the government has announced the creation of 200 more.
introduction
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