AT LEAST 300 of those expelled are from the state of Assam, which, in 2019, underwent a contentious citizenship verification process that was arbitrary, flawed and excluded nearly two million people.
Expulsion and non-refoulement
The Citizenship Act, 1955 and associated rules provide that official documents such as land records and electoral rolls may be relevant in establishing citizenship. Determination of foreigner status lies with civil courts, foreigners tribunals, and duly constituted administrative authorities under the Foreigners Act, 1946 and related legislation.
Border Security Force (BSF) has no statutory competence to unilaterally declare someone a foreigner or to expel them from Indian territory. When BSF summarily removes individuals across borders, it bypasses institutions designed to adjudicate citizenship disputes.
The Constitution of India contains provisions on the status of international law in India under the Directive Principles of State Policy enshrined in Part IV of the Constitution which provide that the state shall endeavor to foster respect for international law and treaty obligations in the dealings of organized people with one another. It is well established in India that the principle of customary international law can be enforced by the courts if they are not in conflict with the statutes.
