Identifying the ‘Outsider’ destined to adjudicate at least another 1.9 million cases. Thus, it is apparent that FT are here to stay. However, the appointment of members of the FT, even under the most recent advertisement, is initially for a period of one year, which may be extended from time to time, and their retirement age is fixed at 67 years. The Supreme Court in Supreme Court Advocates-on-Record Association v Union of India, has noted that the independence of the judiciary comprises of two broad concepts. 95 Firstly, the independence of an individual judge, that is, decisional independence. Secondly, the independence of the judiciary as an institution or an organ of the state, that is, functional independence. Appointments procedure for various other tribunals in India establish that members of other tribunals enjoy protection from the arbitrary termination of their services. In the case of FTs, reports have revealed that whether a contract of a member would be renewed depends on the nature of the orders that he has passed. 96 The more the number of persons adjudicated as foreigners, the higher the chances of renewal of contract or extension of the term as members of the FT. Therefore, it is hard to conclude that members of the FTs, even when capable and qualified, enjoy decisional independence. 97 As far as functional independence is concerned, in Assam Sanmilita Mahasangha, the Supreme Court directed the Gauhati High Court to ‘supervise’ the functioning of the FTs every month. 98 This opportunity, more than the power under art 227 of the Constitution, was seized by the Gauhati High Court to ‘audit’ the orders passed by the tribunals, adversely affecting the decisional as well as functional independence of the tribunals. In fact, the committee established by the Gauhati High Court permitted the Border Police referring cases to FT to comment on the ‘opinion’ of the tribunal and advise the state government on whether the opinion is to be challenged. 99 Since the authority making a reference is required to ‘investigate’, such an approach adopted by the High Court actually merges the role of ‘investigator’ and a ‘prosecutor’ in the context of reverse burden of proof. It is thus hard to conclude that the FT enjoy the functional independence that they ought to. PROCEDURE FOLLOWED BY FTS Before we discuss the procedure, it must be kept in mind that the purpose of the Foreigners Act, 1946, set up in the post-World War II context and replacing the previous Foreigners Act, 1940 and Foreigners Act, 1864, was to summarily remove the foreigners in India. Neither the Foreigners Act, 1946 nor the FTO are designed to re-verify the citizenship status of Indian nationals. Subsequent to the judgment in Sonowal I, 100 the government had introduced Foreigners (Tribunals for Assam) Order, 2006, 101 which sought to provide certain checks which were absent in the FTO. However, the Supreme Court of India struck it down in 95 96 97 [2016] 5 SCC 1 (Supreme Court of India) 594. Sagar (n 85). See also The Bangalore Principles of Judicial Conduct (Principles, Judicial Group of Strengthening Judicial Integrity 26 November 2002). 98 Assam Sanmilita Mahasangha (n 37). 99 It is highly doubtful that the power conferred on the High Court could be delegated to a committee. 100 Sonowal I (n 31). 101 See Foreigners (Tribunals for Assam) Order, 2006 (India) GSR 58(E). 130