Reforming the Foreigners Tribunals : Daily Current Affairs

Relevance: GS-2, Statutory, regulatory and various quasi-judicial bodies.

Key phrases : Quasi-Judicial Bodies, Res Judicata, Fair Administration, Binding

Why in News?

Guwahati High Court passed an important judgment in a case concerning the functioning of Assam’s “Foreigners Tribunals”.
The case involved an individual named Hasina Bhanu who had been referred to the Foreigners Tribunal by the government, on the suspicion that she was not an Indian citizen for which the Tribunal found she was, indeed, an Indian citizen, and issued an opinion in her favor.
In 2017, another proceeding was initiated against her before the same tribunal resulting in contrary opinion that she was not an Indian citizen, but a foreigner.
The judgement of the Tribunal was contested in High Court as it violated the principle of ‘Res Judicata’ for which Guwahati High Court relying upon recent precedent from the Supreme Court set aside the second proceeding as illegal.

The principle of res judicata seeks to promote the fair administration of justice and honesty and to prevent the law from abuse.
The principle of res judicata applies when a litigant attempt to file a subsequent lawsuit on the same matter, after having received a judgment in a previous case involving the same parties.
Prerequisites of res judicata includes:
- A judicial decision by proficient court or tribunal,
- Final and binding and
- Any decision made on the merits
- A fair hearing
- Earlier decision right or wrong is not relevant.

Foreigners’ Tribunals are quasi-judicial bodies established as per the Foreigners’ Tribunal Order, 1964 and the Foreigners’ Act, 1946.
The Ministry of Home Affairs (MHA) has amended the Foreigners (Tribunals) Order, 1964, and has empowered district magistrates in all States and Union Territories to set up Foreigners Tribunals to decide whether a person staying illegally in India is a foreigner or not.
Composition: Advocates not below the age of 35 years of age with at least 7 years of practice (or) Retired Judicial Officers from the Assam Judicial Service (or) Retired IAS of ACS Officers (not below the rank of Secretary/Addl. Secretary) having experience in quasi-judicial works.

Tribunal is a quasi-judicial institution that is set up to deal with problems such as resolving administrative or tax-related disputes. It performs a number of functions like adjudicating disputes, determining rights between contesting parties, making an administrative decision, reviewing an existing administrative decision and so forth.
Tribunals were not part of the original constitution; it was incorporated in the Indian Constitution by 42nd Amendment Act, 1976.
- Article 323-A deals with Administrative Tribunals.
- Article 323-B deals with tribunals for other matters