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Guwahati: Assam govt is preparing to use a 75-year-old previously overlooked law to pushback illegal migrants from the state without any judicial intervention immediately after their identification.CM Himanta Biswa Sarma on Saturday said a constitutional bench of the Supreme Court, while hearing a case on Section 6A of the Citizenship Act (October, 2024), had said there is no legal requirement for the Assam govt to always approach the judiciary to identify foreigners and "we are examining this"."There is an old law called the Immigrants Expulsion Order (1950), and during hearing on Section 6A of the Citizenship Act, the constitutional bench of the Supreme Court said this Act is still valid. Under its provisions, even a district commissioner can issue an order for immediate pushback of illegal immigrants," he added. "For whatever reason, our lawyers had not informed us about this, and we weren't aware of it either," Himanta added. He said in the past few days, the entire matter has come to light and the state govt will now discuss it seriously."The process of identifying foreigners, which had paused due to NRC-related matters, will now be sped up a bit. This time, if someone is identified as a foreigner and we don't send them to a tribunal. We will straightway push them back. Preparations for this have been ongoing over the last few days," he said.He underlined that those who have moved courts will not be pushed back for now.The Immigrants (Expulsion from Assam) Act, 1950 (IEAA) empowers the central govt to order expulsion of any person or class of persons who have come into Assam from outside India, either before or after the commencement of this Act, and whose stay in Assam is detrimental to the interests of the general public of India or any Scheduled Tribe in Assam.Sarma was referring to the five-member Constitution Bench headed by then chief justice DY Chandrachud on October 17, 2024 which upheld the validity of Section 6A of the Citizenship Act in a 4:1 majority with Justice JB Pardiwala giving the sole dissenting opinion.Justices Surya Kant, MM Sundresh and Manoj Misra in their joint order said the provisions of the Immigrants (Expulsion from Assam) Act, 1950 "shall be effectively employed for the purpose of identification of illegal immigrants."They noted that the IEAA grants "Central Government the power to direct the removal of immigrants who are detrimental to the interests of India.""If there is any other piece of legislation such as the IEAA, under which the status of an immigrant can be determined, we see no reason as to why such statutory detection shall also not be given effect to, for the purposes of deportation. We thus hold that the provisions of IEAA shall also be read into Section 6A and be applied along with the Foreigners Act, 1946 for the purpose of detection and deportation of foreigners," the judges noted in their order.WHAT IS IEAAEnacted even before the immigrants from West and East Pakistan were considered foreigners under Foreigners ActThe Statement of Objects and Reasons states the Act was enacted to deal with the large scale immigration of migrants from East Bengal to AssamOther statutory enactments to address the influx of immigrants in AssamSection 6A of the Citizenship Act, the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964, the Passport (Entry into India) Act, 1920 and the Passport Act, 1967.Guwahati: Assam govt is preparing to use a 75-year-old previously overlooked law to pushback illegal migrants from the state without any judicial intervention immediately after their identification.CM Himanta Biswa Sarma on Saturday said a constitutional bench of the Supreme Court, while hearing a case on Section 6A of the Citizenship Act (October, 2024), had said there is no legal requirement for the Assam govt to always approach the judiciary to identify foreigners and "we are examining this"."There is an old law called the Immigrants Expulsion Order (1950), and during hearing on Section 6A of the Citizenship Act, the constitutional bench of the Supreme Court said this Act is still valid. Under its provisions, even a district commissioner can issue an order for immediate pushback of illegal immigrants," he added. "For whatever reason, our lawyers had not informed us about this, and we weren't aware of it either," Himanta added. He said in the past few days, the entire matter has come to light and the state govt will now discuss it seriously."The process of identifying foreigners, which had paused due to NRC-related matters, will now be sped up a bit. This time, if someone is identified as a foreigner and we don't send them to a tribunal. We will straightway push them back. Preparations for this have been ongoing over the last few days," he said.He underlined that those who have moved courts will not be pushed back for now.The Immigrants (Expulsion from Assam) Act, 1950 (IEAA) empowers the central govt to order expulsion of any person or class of persons who have come into Assam from outside India, either before or after the commencement of this Act, and whose stay in Assam is detrimental to the interests of the general public of India or any Scheduled Tribe in Assam.Sarma was referring to the five-member Constitution Bench headed by then chief justice DY Chandrachud on October 17, 2024 which upheld the validity of Section 6A of the Citizenship Act in a 4:1 majority with Justice JB Pardiwala giving the sole dissenting opinion.Justices Surya Kant, MM Sundresh and Manoj Misra in their joint order said the provisions of the Immigrants (Expulsion from Assam) Act, 1950 "shall be effectively employed for the purpose of identification of illegal immigrants."They noted that the IEAA grants "Central Government the power to direct the removal of immigrants who are detrimental to the interests of India.""If there is any other piece of legislation such as the IEAA, under which the status of an immigrant can be determined, we see no reason as to why such statutory detection shall also not be given effect to, for the purposes of deportation. We thus hold that the provisions of IEAA shall also be read into Section 6A and be applied along with the Foreigners Act, 1946 for the purpose of detection and deportation of foreigners," the judges noted in their order.WHAT IS IEAAEnacted even before the immigrants from West and East Pakistan were considered foreigners under Foreigners ActThe Statement of Objects and Reasons states the Act was enacted to deal with the large scale immigration of migrants from East Bengal to AssamOther statutory enactments to address the influx of immigrants in AssamSection 6A of the Citizenship Act, the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964, the Passport (Entry into India) Act, 1920 and the Passport Act, 1967. Prabin Kalita is a journalist at The Times of India and is currently the Chief of Bureau (northeast). He has been reporting in mainstream Indian national media since 2001. He has been a field journalist reporting gamut of issues from India's northeastern region and major developments in neighbouring countries like Myanmar, China, Bhutan and Bangladesh concerning India and northeastern region. He has been covering insurgency -- internal and cross-border, politics, natural calamities, environment etc. He is a post-graduate in Geological Sciences from Gauhati University.
The Cure SMA Foundation of India has praised the government’s recent efforts to address rare diseases, including Spinal Muscular Atrophy (SMA), with over Rs 900 crore allocated for treatment procurement. The foundation urges swift action to implement the procurement process within 45 days, following the Delhi High Court’s directive. SMA, a life-threatening genetic disease, has limited treatment access in India. While the drug Risdiplam has brought hope, collaborative efforts are needed to ensure wider availability. Experts stress the importance of a holistic approach to SMA care, citing Kerala ...Read More >
New Delhi:The Supreme Court on Tuesday expressed strong disapproval over the repeated doubts raised by political leaders regarding the credibility of Electronic Voting Machines (EVMs). The court criticised the tendency of some political figures to question the integrity of the EVM system when they lose elections, while conveniently accepting its legitimacy when they win. The bench, led by Chief Justice of India (CJI) D.Y. Chandrachud, pointed out the inconsistency in the stance taken by several leaders. "When they win, there is no issue with EVMs, but when they lose, questions are raised abou ...Read More >
Assam's 75th Constitution Day highlighted the importance of the Indian Constitution, with CM Himanta Biswa Sarma commemorating the contributions of freedom fighters and Dr. BR Ambedkar. The event, held in Guwahati, underscored the Constitution's reflection of India's cultural heritage and its role in ensuring equality, freedom, and justice for all citizens. Assam Chief Minister Himanta Biswa Sarma participated in the 75th Constitution Day celebrations in Guwahati, emphasizing the significance of the Indian Constitution. This annual observation, assigned by Prime Minister Narendra Modi in 2015 ...Read More >
Story so far: India celebrated its 75th year of adoption of its Constitution on Tuesday (November 26, 2024) with President Droupadi Murmu addressing a joint session of parliament. While the Constitution of India hits its diamond jubilee this year, event commemorating is as 'Constitution Day' was started only in 2015. Prior to this, it was called 'National Law Day' -- first initiated by former Supreme Court Bar Association (SCBA) president Laxmi Mall Singhvi in 1979. "The Indian Constitution is a live, progressive document," said Ms. Murmu adding, "I urge all citizens to imbibe the constitutio ...Read More >
Congress MP Ranjeet Ranjan has called for the replacement of Electronic Voting Machines (EVMs) with ballot papers, citing concerns over the legitimacy of election results. Ranjan raised doubts about the EVM's accuracy, suggesting that the results may be influenced and advocating for a ballot paper system like many other countries. Congress President Mallikarjun Kharge also echoed similar sentiments, accusing EVMs of wasting votes from marginalized communities. This comes after the Congress' defeat in the Maharashtra Assembly election. The Supreme Court, however, dismissed a petition seeking th ...Read More >
New Delhi: The Supreme Court on Tuesday said the Karnataka government and the Centre should resolve the issue in connection with the release of financial assistance from the National Disaster Response Fund (NDRF) to the state for drought management. The matter came up before a bench comprising justices B R Gavai and K V Viswanathan. Attorney General R Venkataramani, appearing for the Centre, requested the bench that he needed some time to file an affidavit in the matter. "You should resolve it," the bench said. During the hearing, the bench queried, how much amount has been released so far? ...Read More >
New Delhi, Dec 11 (SocialNews.XYZ) Congress on Wednesday gave a notice to move a motion for the adjournment of the business of the Lok Sabha to discuss the recent statements made by a sitting judge of the Allahabad High Court. "I hereby give notice of my intention to ask for leave to move a motion for the adjournment of the business of the house for the purpose of discussing a definite matter of urgent importance, namely:- The recent statements made by a sitting judge of the Allahabad High Court..." said K. Suresh, Congress MP and party's Chief Whip in the Lower Hosue. He said in the notice ...Read More >
New Delhi [India], December 18 (ANI): Congress MP Pramod Tiwari lashed out at Union Home Minister Amit Shah who has been in the eye of a storm over his remarks on Baba Saheb Ambedkar. The Congress member said that without Ambedkar, Amit Shah would not have been a member of the Lower House of the Parliament. "... If Ambedkar ji was not there, he (Amit Shah) would not have even sat there. There would have been no Lok Sabha, no Rajya Sabha and no Constitution. So this is not only an insult to Baba Saheb Ambedkar but also to the Constitution, Rajya Sabha and Lok Sabha ...," the Congress MP told ...Read More >
New Delhi [India], December 18 (ANI): The Supreme Court on Wednesday asked Punjab authorities to promptly tackle the health situation of farmers' leader Jagjit Singh Dallewal who is on fast unto death for over 20 days and to take "extraordinary steps" to ensure his health. A bench of Justices Surya Kant and Ujjal Bhuyan cautioned Punjab authorities on the repercussions if anything untoward happens to the farmer's leader. Also Read | 'Mukadma, Mulzim, Ilzam, Ittila, Chashmdeed': BJP Government in Rajasthan To Replace Urdu Terms in Policing With Hindi Words. "The entire state machinery will b ...Read More >
NEW DELHI: BJP leader Amit Malviya on Tuesday accused Rahul Gandhi of being "so arrogant that he did not even greet the President" during the 75th Constitution Day event held in Parliament. This comes as the grand old party has often voiced its criticism against the saffron party for not inviting President Droupadi Murmu at the inauguration ceremony of the new Parliament building last year and Ram Temple consecration this year. "Rahul Gandhi is so arrogant that he did not even greet the President. Just because she comes from the tribal community, is a woman and Rahul Gandhi is the prince of ...Read More >
Assam Beef Ban: A political row has erupted over the Assam government's decision to ban the public consumption of beef in the state with the Opposition labelling it "against the right to freedom" while the ruling BJP lauding the state Cabinet's call. Assam Chief Minister Himanta Biswa Sarma had announced on Wednesday that his government has decided to ban the consumption of beef in restaurants, hotels and public places, drawing sharp reactions from the Opposition. Samajwadi Party MP Iqra Hasan ...Read More >
New Delhi: The Union Cabinet has approved the 'One Nation, One Election' bill, to revive a concept that was once the norm in India's electoral history. The proposal aims to streamline elections across the country by holding simultaneous polls for the Lok Sabha and State Assemblies. The idea of holding simultaneous elections is not new to India. In the early years after independence, elections for the Lok Sabha and State Assemblies were held together in 1951-52, 1957, 1962, and 1967. However, this practice was disrupted when several State Assemblies were dissolved prematurely in 1968 and 1969. ...Read More >
New Delhi: The Union Cabinet cleared the bill for the 'One Nation, One Election' proposal on Thursday (December 12). This development comes as Prime Minister Narendra Modi and the NDA have been repeatedly advocating for this initiative asserting that it will "strengthen the democracy" by holding simultaneous elections in the country. "Elections are held at different places every few months and it hampers the developmental work and all of you know it. Therefore, it is must to have deep study and deliberation on 'One Nation, One Election'," the PM said. "Only one voters' list should be used f ...Read More >
New Delhi, Dec 12 (VOICE) The Supreme Court on Thursday ordered that no fresh suits would be registered under the Places of Worship Act in the country, and in the pending cases, no final or effective orders would be passed till further orders of the Apex Court. A Special Bench headed by CJI Sajiv Khanna asked the Union government to file within four weeks its reply to the clutch of petitions challenging the validity of the 1991 Act, which prohibits the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947. The Bench, also c ...Read More >
New Delhi [India], December 18 (ANI): Congress MP Manickam Tagore on Wednesday lashed out at Union Home Minister Amit Shah over his remarks on Dr BR Ambedkar, saying that he can't "bulldoze" Ambedkar's legacy which remains a voice for the oppressed communities. "Yesterday, Amit Shah who believes in Manuwaad and who is a follower of Savarkar has expressed his anti-mindset of Ambedkar (anti-Ambedkar mindset)...We will try to say to him 'Ambedkar Jai'...because he can't just bulldoze Ambedkar's legacy. Ambedkar legacy means voice for those oppressed communities of OBCs, SCs and STs, and all othe ...Read More >
New Delhi/Hyderabad, Dec 18 (UNI) Union Minister and Telangana BJP President G Kishan Reddy emphasised the Modi government's commitment to preserving and promoting India's regional languages. Addressing the media in New Delhi on Wednesday, Reddy highlighted various initiatives undertaken by the central government to strengthen India's linguistic diversity. Reddy noted that India is unparalleled in its cultural and linguistic diversity, with 121 languages spoken across the country. "Our Constitution initially recognised 14 official languages, but this number has increased to 21 under Prime M ...Read More >
New Delhi [India], December 6 (ANI): The Lok Sabha as part of the Winter Session of the Parliament has been adjourned until 11:00 am on December 9, as announced by the Speaker on Friday. The proceedings of the lower house were adjourned until 12 pm earlier in the day as disruptions continued for the ninth consecutive day of the winter session, with opposition members raising slogans and creating ruckus over various contentious issues. Also Read | Hashimpura Massacre Case: Supreme Court Grants Bail to 8 Convicts in Infamous 1987 Massacre Case. Lok Sabha Speaker Om Birla made a fervent appeal ...Read More >
The Supreme Court halted new temple-mosque legal battles. The court will review the 1991 law impacting religious site status. This law froze the status of religious sites as of August 15, 1947. Several cases, including Gyanvapi and Shahi Idgah, challenge this law. The law's validity is being questioned. The court's decision impacts ongoing and future disputes.In its ruling on the keenly-watched Place of Worship Act case, the Supreme Court said on December 12 that no new Mandir-Masjid suits are to ...Read More >
New Delhi: In a significant ruling, the Supreme Court has directed that no new lawsuits related to places of worship (temples, mosques, or shrines) can be filed until further notice. This decision was made during the ongoing hearing of petitions challenging the Places of Worship (Special Provisions) Act, 1991. The ruling prohibits the lower courts from issuing any survey orders or interim orders that might alter the status or nature of any religious site. The bench, comprising Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice K.V. Vishwanathan, issued this order while hearing sev ...Read More >
Bhubaneswar: Assam Chief Minister Himanta Biswa Sarma has emphasized the need for a nationwide document, similar to the National Register of Citizens (NRC), to distinguish between Indian citizens and infiltrators. Speaking to reporters after offering prayers at Shree Jagannath Temple in Puri, Biswa Sarma stated that the Assam government has decided to make NRC registration mandatory for obtaining an Aadhaar card, with applicants' names not featured in the NRC being ineligible for the card. "I desire that NRC-type documents should be prepared so that we can easily differentiate who are Indian ...Read More >
New Delhi, December 15: The 'One Nation, One Election' Bill, officially known as the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, will not be tabled in the Lok Sabha on Monday. The Revised Business List of the Lower House for the day does not mention the Bill. The first list had scheduled the Bill for Monday. It mentioned, "... Arjun Ram Meghwal to move for leave to introduce a Bill further to amend the Constitution of India. Also to introduce the Bill." One Nation, One Election: Union Cabinet Approves Bills for Simultaneous Lok Sabha, State Assembly Elections, Say Source ...Read More >
Nagpur, Dec 15 (PTI) Maharashtra Chief Minister Devendra Fadnavis on Sunday slammed the opposition parties, accusing them of not believing in the Constitution. Fadnavis landed in Nagpur to a grand welcome from party workers and people. Talking to reporters at Nagpur airport, Fadnavis said, "It is a joyous moment that after becoming the chief minister, I have come to my janmabhoomi and karmabhoomi (birthplace and workplace). Nagpur is my family, and it is welcome by my family." Fadnavis took oath as the chief minister for the third time on December 5 after the Mahayuti combine swept the Novem ...Read More >
New Delhi: The Supreme Court on Tuesday expressed strong disapproval over the repeated doubts raised by political leaders regarding the credibility of Electronic Voting Machines (EVMs). The court criticised the tendency of some political figures to question the integrity of the EVM system when they lose elections, while conveniently accepting its legitimacy when they win. The bench, led by Chief Justice of India (CJI) D.Y. Chandrachud, pointed out the inconsistency in the stance taken by several leaders. "When they win, there is no issue with EVMs, but when they lose, questions are raised abo ...Read More >
NEW DELHI: The Uttar Pradesh administration has imposed restrictions on the entry of outsiders into violence-hit Sambhal until December 10, with officials urging leader of opposition in Lok Sabha, Rahul Gandhi to reconsider his planned visit on Wednesday. Moradabad divisional commissioner Aunjaneya Kumar Singh said there is a need for calm in the region, and that "any provocation could escalate the situation" in the district. "The situation in Sambhal is normal right now, but tensions persist," Singh said. "The District Magistrate has banned the entry of people from outside until 10 December ...Read More >
NEW DELHI: A political slugfest erupted after Leader of Opposition Rahul Gandhi was stopped from visiting violence-hit Sambhal in Uttar Pradesh, with the BJP accusing the Congress leader of attempting to incite communal tensions. BJP leaders criticised Gandhi's visit as a desperate political move, driven by competition with the Samajwadi Party (SP) to reclaim vote banks. Meanwhile, Congress leaders, including Priyanka Gandhi Vadra, slammed the government's actions as undemocratic and an assault on constitutional rights. BJP spokesperson Dr Sudhanshu Trivedi described the visit as a "sign of h ...Read More >
Moradabad (Uttar Pradesh) [India], December 13 (ANI): Samajwadi Party (SP) leader ST Hasan on Friday said that the 'One Nation, One Election' rule was not possible in the country with the various cultures and laws present. "The One Nation, One Election rule is not possible in our country. Our country has a lot of different cultures and religious laws. There is a huge conspiracy behind it... Indirectly, only the centre will rule. They are trying to change the Constitution. They are talking about a common civil court, saying One Nation One Constitution... tomorrow you'll say One Nation One Cult ...Read More >
Kolkata: BJP on Saturday criticised urban development minister Firhad Hakim over a video where the Kolkata mayor is purportedly heard making a comment on minorities. Hakim had made the comment while addressing an educational conference recently. Hakim said BJP was using his quote out of context and he was only referring to the gulf between the educated and the uneducated. "As education spreads, the gulf will be bridged and there will be one identity," said Hakim. Saying that he would never play ...Read More >
Punjab farmer leader Jagjit Singh Dallewal's hunger strike enters its 17th day. His health is critical. The Supreme Court urges dialogue between the government and Dallewal. Dallewal demands MSP guarantee and other farmer-centric issues. He has written an open letter to the Prime Minister. Farmers' organizations continue their protests at the Punjab-Haryana border.The Supreme Court on Friday expressed serious concern over the deteriorating health of Punjab farmer leader Jagjit Singh Dallewal, who ...Read More >
New Delhi, November 26: Prime Minister Narendra Modi on Tuesday said that the government at the Centre has strengthened the spirit of the Constitution over the last 10 years. Addressing the Constitution Day celebrations at the Supreme Court, PM Modi highlighted that in the last 10 years, more than 53 crore bank accounts were opened, more than 4 crore pukka houses were given and more than 10 crore free gas connections were given. "In the last 5-6 years, by providing tap water facilities in more than 12 crore houses, the government made the lives of citizens easy, particularly of women," he sai ...Read More >
Srinagar (Jammu and Kashmir) [India], December 2 (ANI): Jammu and Kashmir National Conference (JKNC) President Farooq Abdullah claimed that Muslims are feeling unsafe and stated that there is no discrimination based on religion, as guaranteed by the Constitution. The former Chief Minister of Jammu and Kashmir also said that the government should treat Muslims without any discrimination. "...There is no doubt that Muslims are feeling unsafe. I will ask the govt of India to stop that. 24 crore Muslims cannot be thrown into the ocean. They (the govt) should treat Muslims equally, there is no di ...Read More >