Foreigners Tribunals
The Appeal and Adjudication Mechanism
Exclusion from the NRC is not a final determination of foreign nationality — that determination is made only by a quasi-judicial Foreigners Tribunal, and the pending petition centres on this appeal mechanism not having been triggered for the 2019 list.
- Foreigners Tribunals are constituted under the Foreigners Act, 1946 and the Foreigners (Tribunals) Order, 1964, as quasi-judicial bodies distinct from ordinary civil or criminal courts.
- The Supreme Court in Sarbananda Sonowal v. Union of India (2005) struck down the Illegal Migrants (Determination by Tribunals) Act, 1983 as unconstitutional because it placed the burden of proving foreigner status on the State rather than on the individual — restoring the Foreigners Act, 1946 framework (and its reverse burden of proof on the individual) for Assam.
- As of recent data, around 100 Foreigners Tribunals function in Assam, with tens of thousands of cases pending disposal and further appeals pending before the Gauhati High Court.
- No structured, list-linked appeal window (with defined timelines) has been operationalised specifically for the roughly 19 lakh persons excluded from the 2019 final NRC.
● Tracked since May 24, 2026 · last seen July 28, 2026 · updates as the daily brief publishes
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