Political Demography of Assam Assam, a
Northeast Indian state, has been the fastest growing region in the
Indian subcontinent for much of the 20th century with the population growing six-fold till the 1980s as against less than three-fold for India. Since the natural growth rate of Assam has been found to be less than the national rate, the difference can only be attributed to a net immigration. Immigration in the 19th century was driven by British
colonialism—tribal and low castes were brought in from central India to work as labourers in
tea gardens and educated
Hindu Bengalis from Bengal to fill administrative and professional positions. The largest group, Muslims peasants from
Mymensingh, immigrated after about 1901—and they settled in
Goalpara in the first decade and further up the
Brahmaputra Valley in the next two decades. These major groups were joined by other smaller groups that settled as traders, merchants, bankers, moneylenders, and small industrialists. The emerging Assamese literate class aspired to the same positions as those enjoyed by the Bengali Hindus, mostly from
Sylhet. The
Bengali Muslims, who came in mainly from Mymensingh, were cultivators who occupied flood plains and cleared forests. They were not in conflict with the Assamese and did not align with the Bengali Hindus. In fact the Assamese elite encouraged their settlement. In the post-partition period as Assamese nationalists tried to dismantle Bengali Hindu dominance from the colonial period, the tea garden labourers as well as the Muslim Bengalis supported them. Ever mindful of being the neighbour of the populous and culturally dominant Bengali people, the Assamese were alarmed that immigration not only had continued illegally in the post-independence period but that illegal immigrants were being included in electoral rolls.
Cross-border immigration Immigration from
East Bengal to Assam became cross-border in character following the
Partition of India—the
1951 census records 274,000 refugees between 1947 and 1951, most of who are estimated to be Hindu Bengalis. On the basis of a natural growth rate, it was estimated that the immigrants numbered 221,000 between 1951 and 1961. In 1971, the surplus over the natural growth was 424,000 and the estimated illegal immigrants from 1971 to 1981 was 1.8 million. As the immigration issue was growing the immigrant Muslims from Bengal supported the
Assamese language movement—by accepting the Assamese language, supporting the official language act in contrast to the Bengali Hindus who opposed it, and casting their votes for the
Congress.
Legal Instruments The Assam Movement involved a tussle over the determination of immigrants, refugees and citizens as defined in their legal contexts. At the time of the
Partition of India in 1947 when
British India was divided into
India and
Pakistan the legal instrument prevalent that determined foreigners was the colonial-era
The Foreigners Act, 1946. The law that determined Indian citizenship, The Citizenship Act 1955, was enacted a few years later in the context of the
Constitution of India. In addition to these instruments, Assam had the
National Register of Citizens for Assam (NRC) which was based on the 1951 census; no other Indian state had a similar document. At that time Assam constituted nearly the entire contiguous
Northeast India and included the present-day
Arunachal Pradesh,
Nagaland,
Mizoram and
Meghalaya though it did not include
Manipur and
Tripura. There were a number of attempts by the government to change the mechanisms of detecting foreigners or the meaning of Indian citizenship. In 1983 the Congress (I) government enacted the Illegal Migrants (Determnation by Tribunal) Act that modified the mechanism of determining foreigners in Assam, while keeping the old mechanism intact in the rest of the country. After the
Supreme Court of India declared the Act
unconstitutional in 2005, the government attempted to change the mechanism once again the same year, which too was declared unconstitutional the next year. The NRC was revised under the supervision of the Supreme Court of India and the final draft created in 2019. In 2019 the
BJP government enacted the
Citizenship (Amendment) Act, 2019 which created pathways to citizenship for immigrants of all religions except Islam, and since have refused to accept the draft NRC as a legal document.
Foreigners' Tribunals, 1964 After the 1961 census, the
Registrar General of India estimated, with inputs from intelligence reports, that there were about 220,000 "infiltrators" in Assam from East Pakistan. In 1962 the central government devolved its power to detect foreigners in Assam to district police and administrative heads and created Border Police units in some districts. In 1964 the Foreigners (Tribunal) Order was enacted that created a mechanism to verify the citizenship of suspected infiltrators; and though tribunals could be created anywhere in the country, they were used primarily in Assam. At first four tribunals were created—in the undivided districts of
Goalpara,
Kamrup,
Darrang and
Nawgong where most infiltrants from East Pakistan were expected to have settled—but by 1968 the number had gone up to nine. In these tribunals the hearings were conducted by a single person, usually a
magistrate, an officer who then had both executive and judicial powers. Many of the suspected infiltrators were the illiterate poor and the big landowners, who benefited from the cheap labour they provided, gave them legal aid to defend themselves at the tribunals. Among the many criteria determining the citizenship of the accused, oral affidavits by locally known citizens and inclusion in the electoral rolls were two. In 1965, during the run up to the
Indo-Pakistani war, the Government of India directed the
Assam Government to expel Pakistani (later Bangladesh) infiltrators but the implementation had to be given up when a number of Assam legislators threatened to resign. These tribunals were finally shut foen in 1972 on the claim of most infiltrators being caught; and also because after the
Indo-Pakistani War of 1971 the adversarial East Pakistan was replaced by
Bangladesh, a friendly nation.
Illegal Migrants (Determination by Tribunals) Act, 1983 In the wake of the violence in the 1983 elections, the Indian government, led by Indira Gandhi, enacted the IM(DT) Act. This act was applicable only in Assam, whereas the rest of the country followed
The Foreigners Act, 1946—the key difference was that whereas the onus of the proof of citizenship was with the accused, the IMDT Act put the onus of proof on the accuser. The Supreme Court of India repealed it in July 2005 as unconstitutional based on a
public interest litigation filled by
Sarbananda Sonowal, a former AASU student leader. In response, the
Government of India passed the Foreigners (Tribunals for Assam) Order, 2005. This too was set aside by the Supreme Court in 2006.
Foreign nationals in electoral rolls The Indian
Ministry of External Affairs in 1963 reported for the first time that foreigners were being enlisted in Indian voters list by politically interested parties. remarks that ironically the position of the report is remarkably similar to the position taken by the Assam movement leaders at the end of the next decade. In August 1975, the
Home Ministry had instructed the state governments to use
criminal investigation departments to identify illegal aliens in electoral rolls. In October 1978
S. L. Shakdhar (the then
Chief Election Commissioner) declared foreigners' names were being included in electoral rolls in a large scale and that this was done at the demand of political parties—a claim repeated by a
cabinet minister in the
Rajya Sabha in November 1978. These reports were noticed in Assam—AASU included "expulsion of foreigners" in their sixteen-point charter of demands in July 1978; and after Shakdher's announcement in October 1978 it called for a three-day program of protest demanding "reservation of 80 percent jobs for locals".
Mangaldoi Lok Sabha by-election, 1979 When the
member of parliament from the
Mangaldoi constituency died in March 1979 the Election Commission started the process for a
by-election and in April 1979 published the draft electoral rolls and ordered a summary revision. Tribunals reviewed a list of about 47,000 doubtful names of which about 36,000 were processed—of these processed names 26,000 names (about 72 percent) were confirmed to be non-citizens. Though the issue of illegal aliens in electoral rolls had been simmering for some years at the national official level, the large numbers at Mangaldoi brought it into sharp public focus and provided the immediate trigger for the Assam Movement—AASU launched its first protest program on 8 June 1979 demanding the "detection, disenfranchisement and deportation" of foreigners. The review process was opposed by political parties, especially the involvement of the police and the executive (and not judicial) officers, and the Chief Election Commissioner, Shakdhar, halted the activity of the tribunals—the final electoral list of Mangaldoi was never released. The
Charan Singh government fell on 20 August 1979, the
Lok Sabha was dissolved on 22 August 1979 and since fresh elections were announced the Mangaldoi by-election was cancelled. Shakdhar, who had earlier warned against foreigners' names in the electoral rolls announced a change his position in September 1979 and pushed the revision to after the 1980 general election polls.
Governments and electoral politics, 1979 to 1985 Government of India and Parliament The Assam Movement began at a time of transition in New Delhi during the
Morarji Desai government, the first non-Congress central government in India.
Morarji Desai had come to power in 1977 following
Indira Gandhi's
Emergency after a
historic election in which Gandhi lost her membership in parliament. But Indira Gandhi was able to come back to power very soon—in 1978 she split the Congress party to better defend herself and regained membership of the Lok Sabha via a by-election in
Chikmagalur, a seat vacated by a
party-man; in July 1979 she was able to bring down the Desai government by promising support to
Charan Singh, a breakaway leader; a month later she withdrew support to the
Charan Singh government necessitating early general elections; and after the
general elections in 1980 she became the prime minister once again. The 1980 elections were strongly opposed by the Assam Movement leaders, violence erupted, and polls in only 3 of the 14
constituencies could be held. Significantly, Indira Gandhi tried to seek Muslim support in that election by citing the Assam Movement. Indira Gandhi then led the
Government of India's administrative and political response to the Assam Movement and negotiated with its leaders. In October 1984 she was
assassinated and her son
Rajiv Gandhi became the
prime minister who, having won a landslide victory in the
1984 Indian general election, settled the Assam Movement and a few other conflicts in a flurry of accords. The Assam Movement successfully scuttled the
1980 Indian general election in Assam except for two constituencies in the
Barak Valley; and the
1984 Indian general election elections were not conducted in the state at the same time as the rest of the country—they were conducted alongside the
1985 Assam Legislative Assembly election after the Assam Accord was signed. As a result Assam was largely unrepresented in the entire
7th Lok Sabha and part of the
8th Lok Sabha.
Government of Assam and State Assembly During the entire duration of the Assam Movement, the Assam state government had been unstable. Even though the electoral backlash against Indira Gandhi in the
1977 general election was not felt in Assam, her party was defeated in the
1978 election and
Golap Borbora, a
Janata Party leader, became the first non-Congress Chief Minister of Assam; it was a minority government set up with the support of
PTCA and independents and outside support of the
CPI(M) and other left parties. This government fell in September 1979 as a result of the
split in the Janata Party and
Jogendra Nath Hazarika became the chief minister with the support of the Congress, Congress (I) and the
CPI. The Hazarika government too fell, within ninety four days in December 1979, when the Congress withdrew support and
President's Rule was imposed for the first time in the state of Assam. Since the President's Rule could not be extended beyond a year Congress (I), originally with only 8 members, was able to attract defections from other parties, obtain the support of the CPI, and form a government in December 1980 under the leadership of
Anwara Taimur, the only woman or Muslim to have been a chief minister in post-
Indian Independence Assam's history. The movement leaders challenged the legitimacy of this government and refused to recognize it. In June 1981 the Anwara Taimur government fell in the state assembly and President's Rule was again imposed. There was another attempt to form a Congress (I) government in January 1982 under
Keshab Chandra Gogoi, but it too fell and President's Rule was again imposed in March 1982. After each of the two Congress (I) governments fell, the Congress (I) led central government did not allow non-Congress government formations in the state. At the end of the assembly term the
1983 Assam Legislative Assembly election was announced amidst expectation that there would be widespread violence and the situation was not conducive for election. The election was boycotted by the movement and a number of opposition political parties did not participate; and polling took place amidst extensive inter-ethnic violence. The Congress (I) won an overwhelming number of seats and
Hiteshwar Saikia formed a government. This government had to compete with the movement for legitimacy; this assembly was dismissed prematurely in 1985 as a precondition of the
Assam Accord and in the
1985 Assam Legislative Assembly election that followed the movement leaders won a majority. == Parties and positions ==