Left eco system and Congress have done exactly what was expected of them. The instruction issued by WB Chief Minister Suvendu Adhikari directing the state police to directly hand over suspected illegal migrants to the BSF for immediate "pushback" (deportation) bypasses the standard judicial process. Gap Women Relaxed Fit Floral Print Sleeveless Round Neck Midi Casual Dress
The Foreigners Act, 1946, Under this Act, an individual suspected of being an illegal migrant must be formally arrested, charged, and tried. If convicted, they serve a sentence before a formal deportation process, coordinated between the MEA), and the MHA, and the destination country, takes place.
The Code of Criminal Procedure (CrPC) Bharatiya Nagarik Suraksha Sanhita (BNSS): Under Indian criminal procedure, any person arrested by the police must be produced before a judicial magistrate within 24 hours. This is a non-negotiable statutory mandate to prevent arbitrary detention and ensure judicial oversight. Bypassing the courts eliminates this check.
The key criticism of the directive rests on constitutional protections that India guarantees to all individuals, not just its citizens.
Article 21: The Right to Life and Personal Liberty
"No person shall be deprived of his life or personal liberty except according to procedure established by law."
The Supreme Court of India has repeatedly affirmed that Article 21 applies to non-citizens, including illegal immigrants and refugees.
A direct administrative order or police directive does not constitute a "procedure established by law." By deporting individuals without a judicial determination of their legal status, the state denies them the right to defend themselves or prove their citizenship, resulting in a prima facie violation of Article 21. BJP leverages stellar economic data to counter opposition's "economic tsunami" warnings
Article 14 forbids the state from acting arbitrarily.
The policy explicitly targets specific groups of undocumented migrants while excluding communities covered under the Citizenship Amendment Act (CAA) (such as Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians). Legally, determining who fits into these complex statutory definitions requires a quasi-judicial or judicial assessment. Leaving this classification entirely to field-level police officers invites allegations of arbitrary profiling and discrimination. Tribal minor trafficked for mother's surgery rescued after two years of horrific captivity
With so much legal obstacles, WB has to deport the illegal immigrants. No wonder, they come easily and our legal procedures shields them.