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38-661: The Illegal Migrants (Determination by Tribunals) (IMDT) Act was an Act of the Parliament of India enacted in 1983 by the Indira Gandhi government. It was struck down by the Supreme Court of India in 2005 in Sarbananda Sonowal v. Union of India . The IMDT Act described the procedures to detect illegal immigrants (from Bangladesh ) and expel them from Assam . The Act was pushed through mainly on

76-524: A citizen of India. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person. However, under the Illegal Migrants (Determination by Tribunal ) (IMDT) Act, the burden of proving the citizenship or otherwise rested on the accuser and the police, not the accused. This

114-410: A law. In territories with a Westminster system , most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a " white paper ", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this

152-416: A singular legislative body. Supporters of multicameralism also posit that a critical weakness of a unicameral system can be a potential lack of restraint on the majority ( mob rule ) and incompatibility with the separation of powers between the legislative and executive branches of government, particularly noticeable in parliamentary systems where the leaders of the parliamentary majority also dominate

190-484: A system of tribunals made up of retired judges would finally decide on deportation based on the facts. The act also provided that 'if the application is found frivolous or vexatious' the Central Government may not accept it. It excluded the migrants who entered India before March 25, 1971 from the illegal-migration accusation. And for post-1971 migrants too, the procedure for deporting were tough. The Act

228-452: Is known as a private member's bill . In territories with a multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into a specific chamber. For example, bills imposing a tax , or involving public expenditure , are introduced into the House of Commons in

266-448: Is passed by Parliament it becomes an act and part of statute law. There are two types of bill and act, public and private . Public acts apply to the whole of the UK or a number of its constituent countries – England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to

304-498: Is the Tricameral Parliament of the waning days of Apartheid South Africa; established in an effort to stabilize the collapsing Apartheid system, it was intended to give limited representation to the country’s Cape Coloured and Indian populations to stabilize white-minority rule. The assembly failed to stem calls for universal suffrage , and was tremendously unpopular with the non-white population. When apartheid

342-413: Is the condition in which a legislature is divided into more than two deliberative assemblies, which are commonly called "chambers" or "houses". This usually includes tricameralism with three chambers, but can also describe a system with any amount more. The word "multicameral" can also relate in other ways to its literal meaning of "many chambered" with use in science or biology. Approximately half of

380-644: The Grand Duchy of Finland was seized by Russia from Sweden, the four-chambered Diet of Finland , of identical structure to the Swedish Riksdag of the Estates, was established. It continued to legislate for Finland until 1906, being the only ancient legislature to survive to the 20th century while maintaining the traditional estates. In that year, the Diet’s four ancient chambers were disbanded and replaced by

418-407: The Parliament of England did not originally have titles, and could only be formally cited by reference to the parliamentary session in which they were passed, with each individual act being identified by year and chapter number. Descriptive titles began to be added to the enrolled acts by the official clerks, as a reference aid; over time, titles came to be included within the text of each bill. Since

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456-646: The Parliament of India , every bill passes through following stages before it becomes an Act of Parliament of India : In the Irish Parliament, the Oireachtas , bills pass through the following stages. Bills may be initiated in either the Dáil or the Seanad, and must pass both houses. In New Zealand, the bill passes through the following stages: A draft piece of legislation is called a bill ; when this

494-507: The head of state . In some countries, such as in France, Belgium, Luxembourg , Spain and Portugal, the term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e., a private member's bill). In Australia, the bill passes through the following stages: In Canada, the bill passes through the following stages: The committee considers each clause of

532-462: The nobility , the clergy , the burghers , and the peasants . The Swedish and Finnish Riksdag of the Estates survived the longest of these bodies, having four separate legislative houses. Sweden abandoned its four-chamber parliament in 1866, transitioning to a bicameral Riksdag for more than a century before moving to today’s unicameral assembly in 1974 (see History of the Riksdag ). When

570-434: The 19th century, tricameral legislatures have been a rare constitutional curiosity, with the overwhelming majority of assemblies having one or two chambers. The Federal Assembly of Yugoslavia originally had five chambers. After Yugoslavia adopted a new constitution in 1963 , its legislature was restructured into four chambers each representing the various sectors of Yugoslav society with an additional chamber representing

608-587: The 43rd act passed in 1980 would be 1980 chapter 43. The full reference includes the (short) title and would be the Magistrate's Court Act 1980 (c. 43). Until the 1980s, acts of the Australian state of Victoria were numbered in a continuous sequence from 1857; thus the Age of Majority Act 1977 was No. 9075 of 1977. Multicameralism In contrast to unicameralism , and bicameralism , multicameralism

646-563: The House of Commons, or S- if they originate in the Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper . In

684-538: The United Kingdom, Canada's House of Commons , Lok Sabha of India and Ireland's Dáil as a matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords . Once introduced, a bill must go through a number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to

722-459: The ancient assemblies in Europe, only Finland’s survived to see the 20th century. As the armies of Revolutionary France conquered much of Europe in the name of liberalism and popular sovereignty , most countries’ newly established or re-established legislative assemblies were structured after either the (originally) unicameral French National Assembly or the bicameral British Parliament . Since

760-405: The basis of religious and linguistic profiling would prima facie be illegal, arbitrary and violative of the secular and democratic credentials of India. The court posted the matter for final hearing on 6 November 2012. Act of Parliament A draft act of parliament is known as a bill . In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become

798-512: The bill, and may make amendments to it. Significant amendments may be made at the committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which

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836-539: The cases initiated...(the IMDT Act) is coming to the advantage of such illegal migrants as any proceedings initiated against them almost entirely ends in their favour, enables them to have a document having official sanctity to the effect that they are not illegal migrants." On 9 August 2012, the Supreme Court hearing a public interest litigation petition seeking a direction for deportation of illegal migrants,

874-742: The clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments. Once a bill has passed both Houses in an identical form, it is presented to the Governor General , who gives it royal assent . Although the Governor General can refuse to assent a bill, this power has never been exercised. Bills being reviewed by Parliament are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills , and 1001 up for private bills . They are preceded by C- if they originate in

912-470: The general population. The Federal Assembly was the only legislature anywhere with five chambers, and a constitutional amendment added a sixth component described as either a chamber or sub-chamber. Yugoslavia adopted yet another constitution in 1974 , abolishing the Federal Assembly and replacing it with a bicameral legislature. Perhaps the best-known multicameral assembly in modern times

950-467: The grounds that it provided special protections against undue harassment to the “minorities” affected by the Assam Agitation . It was applicable to the state of Assam only whereas in other states, detection of foreigners is done under The Foreigners Act, 1946 . The act made it difficult to deport illegal immigrants from Assam. The Foreigners Act, 1946 defines a foreigner as a person who is not

988-690: The law in particular geographic areas. In the United Kingdom Parliament, each bill passes through the following stages: In the Scottish Parliament, bills pass through the following stages: There are special procedures for emergency bills, member's bills (similar to private member's bills in the UK Parliament), committee bills, and private bills. In Singapore, the bill passes through these certain stages before becoming into an Act of Parliament. Acts passed by

1026-585: The legislature. Many societies in Medieval Europe had quasi-legislative assemblies in the form of the Estates of the Realm , typified by those of France . Typically, this body had three chambers representing the three grand divisions of society; the clergy, nobles, and commoners; however, this was not universally the rule; Medieval Scandinavian deliberative assemblies traditionally had four estates:

1064-499: The mid-nineteenth century, it has also become common practice for acts to have a short title , as a convenient alternative to the sometimes lengthy main titles. The Short Titles Act 1892 , and its replacement the Short Titles Act 1896 , gave short titles to many acts which previously lacked them. The numerical citation of acts has also changed over time. The original method was based on the regnal year (or years) in which

1102-457: The modern unicameral Parliament of Finland . The Parliament of England developed in the opposite direction, merging the two aristocratic estates into the House of Lords , the archetypal upper house ,leaving the House of Commons as the elective lower house ; in time, the English and later British parliaments became the standard model on which the modern bicameral legislature is based. Of

1140-422: The original bill to also be introduced, debated, and agreed to. In bicameral parliaments, a bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to the same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by

1178-415: The relevant parliamentary session met. This has been replaced in most territories by simple reference to the calendar year, with the first act passed being chapter 1, and so on. In the United Kingdom, legislation has referenced by year and chapter number since 1963 ( Acts of Parliament Numbering and Citation Act 1962 ). Each act is numbered consecutively based on the date it received royal assent, for example

Illegal Migrants (Determination by Tribunals) Act, 1983 - Misplaced Pages Continue

1216-501: The various important sectors of society (such as culturally or linguistically distinct, geographically different or similarly interested populations that comprise a country - i.e. the various states of the United States of America or provinces of Canada , each with their own geographical borders, subcultures, interests and even languages i.e. English , French , Spanish ), which may not be able to be adequately represented by

1254-433: The world's sovereign states are unicameral, and newer democracies and more recent constitutions are more often unicameral than not. More specifically many countries have switched to unicameralism whereas the opposite is rare. Nevertheless, many current parliaments and congresses still have a multicameral (usually bicameral) structure, which some claim provides multiple perspectives and a form of separation of powers within

1292-502: Was a major departure from the provisions of the Foreigners Act, 1946. The accuser must reside within a 3 km radius of the accused, fill out a complaint form (a maximum of ten per accuser is allowed) and pay a fee of ten Rupees. If a suspected illegal migrant is thus successfully accused, he is required by the Act to simply produce a ration card to prove his Indian citizenship. And if a case made it past these requirements,

1330-515: Was abolished , the Tricameral Parliament disappeared with it, replaced with today’s bicameral assembly . Proponents of multicameral legislatures hold that multiple legislative chambers offer the opportunity to re-debate and correct errors in either chamber in parallel, and in some cases to introduce legislation in either chamber. Advocates of multicameralism also contend that multiple legislative chambers are (best) able to represent

1368-498: Was challenged by Sarbananda Sonowal in courts. In 2005 a three-judge Bench of the Supreme Court of India held that the Illegal Migrants (Determination by Tribunals) Act, 1983 and rules "has created the biggest hurdle and is the main impediment or barrier in the identification and deportation of illegal migrants" and struck down the Act. The court also observed "(the conviction rate under the IMDT act) comes to less than half per cent of

1406-504: Was not ready when the bill was presented). The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second reading, the motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that

1444-401: Was told that the Government of India, as a matter of policy, "does not support any kind of illegal migration either into its territory or illegal immigration of its citizens. "It was also stated that the Government is committed to deporting illegal Bangladeshi migrants, but only lawfully. It asserted that the demand for deleting the names of alleged 41 lakh doubtful voters from the list of 2006 on

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