Assam Chief Minister Himanta Biswa Sarma has announced that the state government will invoke a law from 1950 to deport illegal immigrants without having to approach the foreigners’ tribunals.

This marks a shift in Assam’s strategy to tackle illegal migration, particularly from neighbouring Bangladesh.

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Speaking in the Assembly, Sarma said, “The Supreme Court recently affirmed that the Immigrants (Expulsion from Assam) Act, 1950, remains valid. It allows the state to push back foreigners directly, without tribunal intervention. This will now empower Deputy Commissioners (DCs) to act decisively against infiltrators.”

The 1950 Act, originally framed during the early years of post-Partition migration, grants the Centre — and by delegation, the state — powers to expel persons whose presence in Assam is deemed detrimental to the interests of the general public, including Scheduled Tribes.

Under this Act, individuals entering Assam from outside India can be asked to leave if their continued stay is considered a threat.

The Chief Minister’s remarks follow the Supreme Court’s October 2024 judgment, which upheld the validity of Section 6A of the Citizenship Act — a controversial provision that regularised the status of immigrants who entered Assam before March 25, 1971. Importantly, the Court also clarified that the 1950 Act could be read alongside Section 6A, enabling simultaneous enforcement of both.

This legal nod, according to Sarma, provides the state with a long-overdue mechanism to expedite deportations. “For decades, the Foreigners’ Tribunals have delayed the process. Now, with this Act, we will move quickly to identify and expel infiltrators,” he added.

However, the announcement has drawn sharp criticism from opposition quarters. The All India United Democratic Front (AIUDF), has submitted a memorandum to Assam Governor Gulab Chand Kataria, alleging that the government is misusing the provision to target Indian Muslims.

“There is a dangerous trend of branding Indian citizens as ‘foreigners’ without due process. This Act will be a tool of harassment and communal profiling,” an AIUDF spokesperson stated.

The party fears that the revived use of this colonial-era law may sidestep constitutional safeguards and human rights norms.

The Immigrants (Expulsion from Assam) Act, 1950, was enacted during a period of heavy cross-border migration post-Partition. Originally intended to address the influx of people following communal riots in East Pakistan , the Act empowers the Centre to direct the expulsion of immigrants whose stay is deemed detrimental to the people of Assam.

While it lay largely dormant in legal application, the Supreme Court’s 2024 ruling revived its relevance by clarifying its compatibility with Section 6A of the Citizenship Act, 1955.