Statement I: The power to constitute Foreign Tribunals is vested only with the district magistrate.

Statement II: they are set up under the Citizenship Act of 1955.

  1. Both the statements are individually true and statement II is the correct explanation of statement I
  2. Both the statements are individually true and statement II is not the correct explanation of statement I.
  3. Statement I is true but statement II is false
  4. Statement I is false but statement II is true.

Answer (Detailed Solution Below)

Option 3 : Statement I is true but statement II is false
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The correct answer is option 3, i.e. Statement I is true but statement II is false.

Key Points

Foreigners tribunals are constituted under the Foreigners Act 1946.

  • Each tribunal is headed by a member who can be any retired judicial officer, bureaucrat, lawyer.
  • He should be having a minimum of seven years of legal practice.
  • The Ministry of Home Affairs amended the foreigner Tribunal Order 1964.
  • After which district magistrates in all states and union territories are empowered to set up tribunals.
  • It is to decide a person staying in India illegally is a foreigner or not.
  • Before the amendment, the power was with the centre.
  • After the amendment one individual also can approach the tribunal while it was not the case earlier.
  • Now the central government or state government or the Union territory administration or the collector or the district magistrate may refer the question as to whether a person is not a foreigner to a tribunal for its opinion.
  • It should be done under the definition of the foreigner in the Foreigners Act 1946.
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