Fighting Imagined Invasions with Administrative Violence • • migrants who had arrived between January 1966 and 24 March 1971 could access naturalisation under the regular requirements, however their voting rights would be suspended for a period of ten years; 156 any migrant coming to Assam on or after 25 March 1971 could be detained and expelled. 157 The starting date of the independence war of Bangladesh constituted both an extension of the cut-off date for naturalisation in Assam — whereas the date is 19 July 1948 in wider India — as well as the cut-off date for inclusion in the National Register of Citizens. 158 As mentioned earlier, such rules were entrenched as an amendment (art 6A) to the Indian Citizenship Act, 1955. 159 C Administrative Violence Administrative violence against minorities in Assam has taken place as a result of a progressive delegitimisation process, as in Myanmar. The role of the judicial system and particularly the Supreme Court in supporting such process has been significant. In 2005, in Sarbananda Sonowal v Union of India, the Supreme Court observed an alleged ‘silent and invidious demographic invasion’ of Assam. 160 This judgment also controversially identified this alleged mass influx as an act of ‘external aggression’ as per art 355 of the Constitution of India 1950. 161 It struck down the more rights-oriented Illegal Migrants (Determination by Tribunals) Act, 1983 and placed the burden of proving citizenship back on the individual. 162 The judgment made it possible to repurpose the quasi-judicial Foreigners Tribunals, created through the pre-independence Foreigners Act, 1946 and the Foreigners (Tribunal) Order, 1964 to scrutinise the citizenship status of the inhabitants of Assam. 163 The Foreigner Tribunals are essentially quasi-judicial bodies set up to determine whether or not a person is a foreigner. The first ones were created in 1964 and since 2005 they had been responsible for implementing s 6A of the Indian Citizenship Act, 1955 (reflecting the Assam Accord). 164 The role of the Supreme Court on the issue was further strengthened in 2009 when a nongovernmental organisation (‘NGO’) called Assam Public Works requested that the names of undocumented migrants be removed from the voter list. 165 The NGO also requested an update of the National Registry of Citizens. 166 156 157 158 159 Assam Accord (n 142) arts 5.2–5.6. ibid art 5.8. Constitution of India 1950 s 6. Indian Citizenship Act, 1955 (n 140) art 6A, as amended by the Citizenship (Amendment) Act, 1986 (n 142). 160 See Sonowal (n 3). 161 ibid 24, 38: This being the situation there can be no manner of doubt that the State of Assam is facing ‘external aggression and internal disturbance’ on account of large-scale illegal migration of Bangladeshi nationals. 162 Illegal Migrants (Determination by Tribunals) Act, 1983, Act No 39 of 1983 (India). 163 Foreigners Act, 1946, Act No 31 of 1946 (India); Foreigners (Tribunals) Order, 1964, GSR 1401 of 1964 (India). See also Designed to Exclude (n 151) 5. 164 Indian Citizenship Act, 1955 (n 140) art 6A. 165 Assam Public Works v Union of India [30 May 2019] Case No WP(C) 274/2009 (Supreme Court of India). 166 ibid. 217