Prime Minister Narendra Modi, at a poll rally at Gogamukh in Assam’s Dhemaji district on Wednesday, alleged that the Congress, if it comes to power in Assam, will bring in a law to protect infiltrators,
which the Bharatiya Janata Party (BJP) and its allies will not allow. In its manifesto for the 2026 Assam elections, the BJP has pledged to use the Immigrants (Expulsion from Assam) Act, 1950 “every single day” to fast-track the pushback of illegal infiltrators. What is the 1950 Act? Why will it be invoked now in Assam? News18 explains
WHAT PM MODI SAID AT ASSAM ELECTION RALLY
“Before the BJP came to power in 2014, the Congress had tried to introduce a new law at the Centre, but the NDA had opposed it, Congress leaders are openly saying that they will bring a new law in Assam to protect the infiltrators and are openly supporting them,” Modi said.
The Prime Minister said if the BJP returns to power, it will “implement the Uniform Civil Code and safeguard tribals under the Sixth schedule to protect Assam’s identity”.
THE IMMIGRANTS (EXPULSION FROM ASSAM) ACT, 1950
The Immigrants (Expulsion from Assam) Act, 1950 is a central legislation enacted to provide for the identification and expulsion of certain immigrants from Assam whose presence is deemed detrimental to the public interest.
While it was largely dormant for decades following a suspension by Prime Minister Jawaharlal Nehru in 1950, it has been revived by the Assamgovernment as of 2024–2025 to fast-track the deportation of illegal immigrants.
The powers
The Actgrants significant executive powers to the Central Government, which have been delegated to the Government of Assam and its district authorities:
Power of Expulsion (Section 2): If the governmentforms an “opinion” that a person (originally resident outside India) has entered Assam and their stay is “detrimental to the interests of the general public” or any “Scheduled Tribe in Assam,” it may order their removal from India or Assam.
Delegation of Power (Section 3): These powers can be delegated to subordinate officers, including District Commissioners (DCs).
Enforcement & Penalties (Sections 4 & 5): Authorities may use “reasonably necessary” force to effect expulsion. Violations of expulsion orders are punishable by up to three years of imprisonment and a fine.
Protection (Section 6): Provides legal immunity for actions taken in “good faith” under the Act.
The ‘refugee’ exception
Critically, the Act includes a proviso that protects those who fled to Assam due to civil disturbances or the fear of such disturbances in areas that became part of Pakistan (now Bangladesh). Such individuals are exempt from expulsion under this specific law.
THE REVIVAL & NEW SOP (2024–2026)
Following a 2024 Supreme Court observation that the Act remains valid, the Assam government has integrated it into its current immigration policy.
Assam Chief Minister Himanta Biswa Sarma has advocated for using the Actto bypass the “cumbersome” Foreigners Tribunal process in certain cases, allowing DCs to issue 24-hour expulsion orders.
In September 2025, the Assam Cabinet approved a Standard Operating Procedure (SOP) empowering DCs to:
- Issue a 10-day notice to suspected illegal immigrants to prove citizenship.
- Order immediate expulsion if the proof provided is unsatisfactory.
- Bypass additional scrutiny for individuals already declared foreigners by a tribunal.
WAS THE LAW EVER USED?
Passed to handle post-Partition migration from East Pakistan, it was suspended just a month after enactment by PM Nehru following the Nehru–Liaquat Pact, which focused on protecting minorities in both India and Pakistan.
For the first time in decades, the Act was formally invoked in late 2025 when the Sonitpur district administration ordered five declared foreigners to leave India within 24 hours.
WHAT DOES THE BJP MANIFESTO SAY?
In its ‘Sankalp Patra 2026’ released on March 31, 2026, for the upcoming Assam Assembly elections, the Bharatiya Janata Party (BJP) has made 31 key promises focused on national security, indigenous identity, and economic growth.
The core of the BJP’s 2026 campaign is the protection of Assam’sindigenous population through several legislative and administrative measures. The party has promised to fully implement this 1950 Act to expedite the detection and pushback of illegal immigrants. It has pledged to implement the UCC within three months of returning to power, though it will exclude Sixth Schedule and Tribal areas to protect ethnic community rights.
The BJP has also vowed to bring in effective laws to end “Land Jihad” and “Love Jihad” to safeguard indigenous land and social fabric.
It has pledged to free “every inch” of land from encroachment by illegal immigrants, specifically targeting land belonging to Satras, Namghars, and Devalayas.
The BJP aims to transform Assam into India’s “Eastern Gateway” with a massive investment plan. The manifesto includes significant financial assistance and job creation targets, along with administrative reforms.
KEY FAQs
Does this law need a court order to deport someone?
No. It allows direct government orders, speeding up deportation.
Why was the law originally created?
To manage post-Partition migration into Assam, especially from East Pakistan (now Bangladesh).
Is it still in use today?
Yes. It has been revived in recent years and is now being pushed for wider, frequent use.
With PTI, agency inputs
