DEPORTATION OF ILLEGAL IMMIGRANTS AND BJP'S LIES

 BJP spokesperson boldly claims on TV that Article 258 of the Constitution of India makes it mandatory duty of the state to identify and inform the central govt regarding illegal migrants. It is NOT the duty of the Union Home ministry.

She says "Article 258 of the constitution mein likha hai............ "
Well, PART XI
RELATIONS BETWEEN THE UNION AND THE STATES
ARTICLE 258 CONSTITUTION OF INDIA
Article 258 of Indian Constitution highlights cooperative federalism. It allows the Union government to share its executive powers with State governments.
Article 258 of Indian Constitution helps governance adapt, makes better use of resources, and strengthens ties between the Union and States.
Article 258 of Indian Constitution by providing financial compensation for additional administrative costs, it maintains fairness and accountability in the delegation process.
Article 258 of Indian Constitution shows how the Indian Constitution balances central power with State independence. This balance helps promote teamwork and good governance.
ARTICLE 258 CONSTITUTION OF INDIA NOWHERE EVEN MENTIONS THE WORD(S) "ILLEGAL MIGRANTS OR ILLEGAL FOREIGNERS"
Has the central govt ever delegated the responsibility of detection of illegal migrants to the states under Article 258?
NO
Has the central govt ever delegated the responsibility of detection of illegal migrants to the states?
YES, BUT IN LIMITED CONTEXT
Central Government is vested with powers to deport a foreign national under section 3(2)(c) of the Foreigners Act, 1946. These powers to identify and deport illegally staying foreign nationals have also been delegated to the State Governments/Union Territory Administrations and the Bureau of Immigration under the Foreigners Act, 1946. Detection and deportation of such illegal immigrants is a continuous process.
WHAT DOES THE section 3(2)(c) of the Foreigners Act, 1946 SAY?
Section 3. Power to make orders.
(2) In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner--
(c) shall not remain in 2[India] or in any prescribed areas therein;
BUT WAIT..........
DOES THE STATE GOVT HAVE POWERS TO DIRECTLY DEPORT ILLEGAL FOREIGNERS?
From the "delegation of power to state govts vide Foreigners Act, 1946" suggests that states can directly detect/identify and deport illegal foreigners BUT that is NOT the case
The Central Government shall set up a State Commission for each State or a Joint State Commission for two or more States for identification and deportation of illegal immigrants.
Also para 4 of MEA advisory to states and UTs regarding detection and deportation of illegal immigrants, dated 08 August 2017 says SPECIFICALLY for what it describes as "illegal immigrants from Rakhine states, also known as Rohingyas"

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