In a historic move that marks the first known application of a decades-old law, the Assam government has ordered five individuals to leave India within just 24 hours. The Sonitpur district administration invoked the Immigrants (Expulsion from Assam) Act of 1950, directing four women and one man who had been declared foreigners by a tribunal to immediately remove themselves from the country.
The Groundbreaking Order and Its Immediate Aftermath
The dramatic orders were issued on Tuesday by Sonitpur district authorities, creating ripples across the political and legal landscape of Assam. According to police reports, the whereabouts of all five individuals remain unknown, with officials stating they are currently absconding. Local residents revealed that the individuals had not lived in the area for over a decade, having already moved away long before the order was issued.
This unprecedented action represents the first known implementation of the 1950 legislation since the state cabinet approved its revival earlier this year. The move bypasses the state's established system of Foreigners' Tribunals, allowing for direct deportation of individuals deemed undesirable immigrants.
Chief Minister's Persistent Campaign for the 1950 Law
Assam Chief Minister Himanta Biswa Sarma has been aggressively advocating for the use of this historical legislation for several months. In June 2025, Sarma announced his government's decision to employ the 1950 law to push back into Bangladesh any individuals whom district commissioners prima facie identify as foreigners.
The Chief Minister's push represents a significant shift in the state's approach to handling immigration issues, particularly concerning neighboring Bangladesh. The direct deportation method eliminates the lengthy legal processes typically associated with Foreigners' Tribunals, allowing for quicker action against individuals suspected of being illegal immigrants.
Historical Context and Legal Provisions of the IEAA
The Immigrants (Expulsion from Assam) Act of 1950 came into effect on March 1, 1950, following intense pressure from the Assam government of that era. The legislation was drafted by the Central government in response to growing concerns about migration from then East Pakistan in the turbulent years following Partition.
Originally named the Undesirable Immigrants (Expulsion from Assam) Act, the law was designed to address what was already becoming a critical political issue in the region - a concern that persists 75 years later. The Act specifically empowered authorities to expel undesirable migrants while making crucial distinctions between different types of migrants.
The legislation contains provisions that exempt persons displaced due to civil disturbances or fear of such disturbances in areas that now form part of Pakistan. This distinction was particularly important in the volatile socio-political environment following Partition, as it sought to separate economic migrants from genuine refugees fleeing violence.
Under the Act's provisions, if the Central government determines that any person ordinarily resident outside India - whether they arrived before or after the Act's commencement - poses a threat to the interests of the general public of India or any section thereof, or to any Scheduled Tribe in Assam, it can order such person to remove themselves from Assam or India entirely. The order specifies both the timeframe and route for departure.
The implementation authority extends to any officer of either the Union government or the Assam government, providing broad administrative powers for enforcement.
Historical Implementation and Political Complications
Despite its creation in 1950, the Act saw remarkably limited application throughout its history. Historian Arupjyoti Saikia, in his book The Quest for Modern Assam, documents how the legislation's implementation was short-lived and fraught with complications.
Coinciding with the Act's finalization, parts of Lower Assam experienced severe communal rioting between Hindus and Muslims, leading to an exodus of anywhere between 40,000 to 100,000 Muslims from these areas to East Pakistan. This mass migration created significant challenges in implementing the Act, particularly concerning Bengali Muslims who were originally from Assam.
The situation reached a critical point when Prime Minister Jawaharlal Nehru expressed fury upon learning that an old resident of an Upper Assam town had been ordered to leave within three days. This incident occurred simultaneously with the signing of the Nehru-Liaquat Pact between India and Pakistan, which aimed to secure the rights and safety of minorities in both territories.
On April 10, 1950, merely two days after the pact was signed, Nehru wrote to Assam Chief Minister Gopinath Bardoloi instructing him to halt all actions under the IEAA. The Prime Minister revealed that his Pakistani counterpart had raised concerns about the Act during their discussions.
Nehru emphasized in his correspondence that it would be unwise to continue actions under the Act, stating that the primary focus should be on gaining full control over the situation in East Bengal, West Bengal, and Assam while working to eliminate fear among minority communities. Historical accounts suggest that only a couple of hundred people were ever affected by the Act during its brief period of implementation.
Contemporary Implications and Future Applications
The revival of this historical legislation by the Assam government marks a significant development in the state's ongoing efforts to address immigration concerns. The current administration's decision to bypass the Foreigners' Tribunal system could set a precedent for handling similar cases in the future.
Police authorities continue their search for the five individuals named in the deportation orders, though their long absence from the area complicates enforcement efforts. The case has drawn national attention to the 1950 legislation and its potential implications for immigration policy in border states.
As Assam continues to grapple with complex immigration issues decades after the Act's initial creation, this recent application demonstrates the state government's determination to employ all available legal tools to address what it perceives as longstanding challenges to demographic and cultural stability in the region.
