The Illegal Migrants (Determination by Tribunals) Act, 1983.

1. Introduction The Illegal Migrants (Determination by Tribunals) Act, 1983 was enacted in order to provide for the determination of the question as to whether a person is an illegal migrant and for matters connected therewith. The Act provides for the setting up of tribunals for the purpose of determining the question as to whether a person is an illegal migrant or not. Any person who claims that he is not an illegal migrant may make an application to the tribunal for a determination of the question. The tribunal shall determine the question on the basis of the evidence furnished by the parties and after considering all the relevant material. The decision of the tribunal shall be final and binding on the parties. The Act also provides for the setting up of a review committee to review the decisions of the tribunals. The review committee may confirm, modify or set aside the decision of the tribunal. The Illegal Migrants (Determination by Tribunals) Act, 1983 has been a subject of controversy and has been challenged in various courts. The Act was held to be unconstitutional by the Supreme Court of India in the case of Sarla Mudgal v. Union of India. 2. What is the Illegal Migrants Determination by Tribunals Act 1983? The Illegal Migrants (Determination by Tribunals) Act, 1983 is an act of the Parliament of the United Kingdom that provides for a system of tribunals to determine whether a person is an illegal migrant. The act was passed in response to a European Court of Human Rights ruling that the UK was in breach of the European Convention on Human Rights by detaining people without a proper procedure to determine their status. The act provides for the establishment of two types of tribunal: an adjudicator's tribunal and a special adjudicator's tribunal. The adjudicator's tribunal is responsible for determining whether a person is an illegal migrant, and the special adjudicator's tribunal is responsible for appeals from decisions of the adjudicator's tribunal. The act also provides for the detention of illegal migrants pending their removal from the United Kingdom. 3. What are the key provisions of the Act? The Illegal Migrants (Determination by Tribunals) Act, 1983 is a key provision of the Act which provides for the determination of the status of an illegal migrant by a tribunal. The Act also provides for the registration of illegal migrants and their dependents and for the issue of identity cards to them. The Act also provides for the grant of citizenship to illegal migrants who have been residing in India for a continuous period of five years. 4. How has the Act been used in practice? The Illegal Migrants (Determination by Tribunals) Act, 1983 is an Act of the Parliament of the United Kingdom which provides a mechanism to determine whether an person is an illegal migrant. The Act created a system of tribunals to determine the status of an person who is claimed to be an illegal migrant. The tribunals were to consist of a chair and two other members, one of whom was to be a qualified legal practitioner. The tribunals were to have the power to require the production of documents and to question witnesses. The decisions of the tribunals were to be binding on the Secretary of State, who was required to give effect to them. The Act was repealed by the Immigration Act 2014. 5. What are the criticisms of the Act? The Illegal Migrants (Determination by Tribunals) Act, 1983 has come under criticism from various quarters since its inception. Some of the major criticisms are as follows: 1. The Act fails to define the term 'illegal migrant'. 2. The Act does not provide for any mechanism to regularise the status of illegal migrants. 3. The Act does not deal with the issue of overstaying of foreign nationals in India. 4. The Act does not provide for any punishment for those who employ illegal migrants. 5. The Act has been misused by some tribunals to declare Indian citizens as illegal migrants. 6. Conclusion The Illegal Migrants (Determination by Tribunals) Act, 1983 was enacted with the objective of providing for a fair and just procedure for the determination of the question of the citizenship of certain persons who had migrated from Bangladesh to Assam between the period of 1st January, 1966 and 24th March, 1971. The Act provides for the constitution of Tribunals for the exclusive purpose of determining the question of the citizenship of any person who is suspected to be an illegal migrant. The Act has been in force since 1st July, 1983 and has been amended several times since then. The latest amendment was made in 2006. The Act has been widely criticised for its failure to deter illegal immigration and for the prolonged and expensive process of determination of citizenship. The Act has also been criticised for the lack of transparency and accountability in the functioning of the Tribunals. The Act has, however, been successful in determining the citizenship of many persons who had migrated from Bangladesh to Assam during the relevant period.