Assam Moves to Revive 1950 Law for Migrant Expulsion

Assam to use old law for quick action

Assam Moves to Revive 1950 Law for Migrant Expulsion: In a major move, Assam’s Chief Minister Himanta Biswa Sarma announced that the state would soon implement the Immigrants (Expulsion from Assam) Act of 1950. This law, created decades ago, allows the government to remove illegal migrants without going through long court procedures. The focus is mainly on migrants coming from Bangladesh. Assam has been dealing with concerns about illegal immigration for years, and this step is seen as an effort to speed up action.

What is the 1950 Act?

The Immigrants (Expulsion from Assam) Act came into effect on 1 March 1950, right after India’s Partition. Many people from East Bengal (now Bangladesh) migrated to Assam because of the violence and unrest that followed Partition in 1947. The law gave the Central Government the power to remove individuals whose presence in Assam could harm public peace or affect the rights of Scheduled Tribes.

Special powers to officers

A key feature of this Act is that it allows district commissioners to issue expulsion orders directly. There’s no need for a court trial. Although the law was originally made just for Assam, it technically applies across the country. Over the years, it was barely used, and many officials forgot it existed.

Assam Movement and its legacy

The Assam Movement, which started in 1979, brought the issue of illegal immigration back into the spotlight. The movement was led by the All Assam Students’ Union (AASU) and aimed to identify and deport foreigners. It led to the signing of the Assam Accord in 1985, which clearly said that anyone who came to Assam after 24 March 1971 would be considered a foreigner.

Court’s stand on illegal immigration

In October 2024, the Supreme Court of India confirmed that Section 6A of the Citizenship Act was valid. This section deals with citizenship rules for migrants who entered Assam from Bangladesh. The court also stated that the 1950 Act can still be used, and it works alongside the Citizenship Act and the Foreigners Act. This ruling strengthens Assam’s legal toolkit for dealing with illegal migrants.

State government’s new direction

Chief Minister Sarma said that earlier governments weren’t even aware of this law. Now, the state plans to actively use it to identify and expel illegal migrants quickly. However, those already involved in legal cases will not be affected. This means the focus will be on new and unchecked entries.

Possible ripple effects

Reviving this Act could influence how other states handle immigration issues. Assam’s strong stance may encourage others to follow a similar path. It also reflects ongoing tension in the state around ethnic identity, land rights, and demographic balance.

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