IMMIGRANTS EXPULSION ACT 1950 – RECENT INVOCATION IN ASSAM

Why in the News?

• Assam has invoked the Immigrants (Expulsion from Assam) Act, 1950 for the first time in decades after the state cabinet approved its use in 2024–25.
• The Sonitpur district administration issued expulsion orders to five people—declared foreigners by a tribunal in 2024—directing them to leave India within 24 hours.
• However, the individuals remain untraceable, with police calling them absconding and locals claiming they left the region over ten years ago.

About the Immigrants (Expulsion from Assam) Act, 1950

• Enacted on March 1, 1950, amid rising concerns over large-scale migration from East Pakistan after Partition.
• Brought in after Assam demanded a legal framework to manage immigration-related demographic pressures.
• Earlier draft name: Undesirable Immigrants (Expulsion from Assam) Act—reflecting its intended purpose.
• Citizenship being a Union subject, the Centre drafted the Act but delegated operational powers to Assam.
• Importantly, it excluded refugees fleeing “civil disturbances” in Pakistan, acknowledging humanitarian concerns during Partition.

Powers Granted Under the Act

The Act authorises the Central Government to direct any person to leave Assam or India if they:

1. were ordinarily residents outside India,
2. entered Assam before or after 1950, and
3. whose presence is considered detrimental to:
   • the general public of India, or
   • any Scheduled Tribe in Assam.

Additional powers:

• The Centre may specify time, manner, and route for exit.
• Union or Assam government officers may enforce expulsion orders.

Application and Early Challenges

Although enacted with urgency, the Act saw very limited implementation, mainly due to the volatile conditions of early 1950.

Communal Tension & Mass Exodus

• While the Act was being finalised, communal riots in Lower Assam pushed 40,000 to 1 lakh Muslims to flee to East Pakistan.
• Many originally belonged to Assam’s indigenous Bengali Muslim communities, making identification of “immigrants” nearly impossible.
• A notable incident: an elderly Assamese Muslim, a long-time resident, was served an expulsion order—creating national controversy and drawing PM Jawaharlal Nehru’s anger.

Nehru–Liaquat Pact and Suspension of the Act

• The events coincided with the Nehru–Liaquat Pact (April 1950), which focused on minority protection in India and Pakistan.
• Pakistan’s PM Liaquat Ali Khan expressed concern over Assam’s expulsion orders.
• On April 10, 1950, Nehru wrote to Assam CM Gopinath Bordoloi, directing an immediate halt of all actions under the Act.
• Nehru emphasised restoring peace and preventing communal escalation.

Result: Historical records indicate that only a few hundred people were affected before the Act’s use was completely suspended.

Why the 1950 Act is Being Revived in 2025

• Foreigners Tribunals in Assam continue to adjudicate citizenship disputes under separate laws (Foreigners Act, NRC).
• The revival of the 1950 Act provides the state with an additional mechanism to expel individuals already declared foreigners.
• This is the first major invocation of the Act since its suspension in 1950.

Impact & Governance Implications

• Raises questions about federal powers, citizenship adjudication, and state implementation of central Acts.
  • Could influence future immigration policy, border management, and foreigners tribunal enforcement.
• May trigger fresh debates on human rights, due process, and historical sensitivities tied to Partition-era laws.