Illegal Migrants (Determination by Tribunals) Act, 1983: Illegal Migrants (Determination by Tribunals) Rules, 1984:
Constitution of India, 1950-Articles 14 and 355:
Act and Rules made applicable only to the State of Assam with
overriding effect over Foreigners Act-For the purpose of effective detection and deportation of illegal migrants-In the rest of the Country Foreigners
Act and Rules thereunder applicable-Constitutional validity of the Act and
the Rules challenged-Held: the Act and the Rules are ultra vires the
Constitution-Procedure under Foreigners Act was far more effective in
detection and deportation of illegal migrants than the impugned Act-Rather it is so made as to give advantage to the illegal migrants and not for
achieving the real objective of the enactment-The provisions negate the
constitutional mandate under Article 355-Applicability of the Act to the
State of Assam alone, having no rational nexus with the policy and object
of the Act, is violative of Article 14-The Act has stripped Central Government
of its power to remove illegal migrants provided under Foreigners Act, Immigrants (Expulsion from Assam) Act, Passport (Entry into India) Act Tribunals constituted under the Act will cease to function and the cases
pending before it would be transferred to Tribunals constituted under
Foreigners Act-Passport (entry Into India) Act, 1920-Foreigners Act,
1946-Foreigners (Tribunals) Orders, 1964-Immigrants (Expulsion from Assam) Act, 1950-Passport Act, 1967-Citizenship Act, 1955-Section 6A Evidence Act, 1872-Section 106.
Words and Phrases:
'Aggression '-Meaning of in the context of Constitution of India. Illegal Migrants (Determination by Tribunals) Act, 1983 and Illegal Migrants (Determination by Tribunals) Rules, 1984 were made applicable to
the State of Assam with the professed aim of making detection and deportation
of illegal migrants residing in the State of Assam. Writ Petition u/A 32 of
the Constitution of India was filed by way of Public Interest Litigation seeking
declaration of certain provisions of the Act as ultra vires the Constitution of India and declaration of Rules, as ultra vires the Constitution and also u/s 28
of the Act and also sought declaration that Foreigners Act, 1946 and Rules
made thereunder shall apply to the State of Assam.