MOOT PROPOSITION
1. On 23.11.1946, The Central Legislative Assembly of British India enacted Foreigner Act,
1946 in order to confer certain power to Central Government in respect of dealing with
foreigners in India.
Section 2 (a) of the Foreigner Act, 1946 defines a foreigner as follows: “foreigner” means a
person who is not a citizen of India.
2. In view of the powers granted under Article 11 of the Indian Constitution, the Indian
Parliament enacted the Citizenship Act, 1955 to provide a substantive and procedural
framework with respect to acquisition and determination of the Indian Citizenship.
3. Section 2 (1) (b) of the Citizenship Act, 1955 clearly provides the definition of illegal
migrant and it is defined as follows:
2(1) (b)illegal migrant means’ a foreigner who has entered into India-
(i) Without a valid passport or travel documents and such other documents or authority as may be prescribed
by or under any law in that behalf; or
(ii) With a valid passport or other travel documents and such other document or authority as may be
prescribed by or under any law in that behalf but remains therein beyond the permitted period of time.
4. Between 1948 and 1971, there were large scale migrations from East Pakistan to Assam.
As is well known, West Pakistan commenced hostilities against East Pakistan on 25th
March 1971 culminating in the war which dismembered the two parts of Pakistan and in
which a new nation, Bangladesh, was born. Illegal migration into Assam was the core issue
behind the Assam student movement. It was also the prime contributory factor behind the
outbreak of insurgency in the State. In view of large-scale agitations in the State of Assam,
an accord was signed known as the “Assam Accord 1985”, a Memorandum of Settlement.
The Accord received widespread acceptance. It was in pursuance of this accord that
Section 6A was inserted in the Citizenship Act in 1985.
5. The Governor of Assam in his report dated 8th November 1998 sent to the President of
India has clearly said that unabated influx of illegal migrants of Bangladesh into Assam has
led to a perceptible change in the demographic pattern of the State and has reduced the
