Meghalaya Addresses Judicial Scrutiny of Immigration Law

Meghalaya Addresses Judicial Scrutiny of Immigration Law.webp

Shillong, February 19 Meghalaya Chief Minister Conrad K Sangma told the Assembly on Thursday that the government will revisit and amend the Meghalaya Residents Safety and Security Act (MRSSA), 2016, to address concerns over illegal immigration and ensure that the law withstands judicial scrutiny.

Responding to a resolution moved by the Leader of Opposition and TMC leader Mukul Sangma, the chief minister said the state would re-examine the Act and bring in amendments that can withstand scrutiny by the judiciary as well as the Centre and Parliament.

The resolution urged the government to complete the establishment of facilitation centres at identified entry and exit points with proper guidelines and to implement regulatory measures in line with the mandate of MRSSA, 2016.

"I assure the House that we will re-examine the entire aspect and see how we could bring amendments in the MRSSA which would withstand the scrutiny of the judiciary as well as of the government of India and the parliament," the CM said.

Conrad Sangma informed the House that the Ministry of Home Affairs (MHA) had directed the state to review the provisions of the Act.

"The MHA has asked us to relook into the aspects of MRSSA. We are working with the law department, the advocate general and the home department to navigate through the complex web of laws and rules," he said.

The chief minister added that the government was also exploring ways to validate entry-exit points through the proposed Immigration and Foreigners Act, 2025, incorporating restricted-area provisions.

Welcoming suggestions from members, he said the government was open to consultations with political parties and stakeholders to strengthen the legislation.

Highlighting the broader issue, Sangma stressed the need for long-term socio-economic solutions to address illegal immigration, noting that economic opportunities often act as a key driver.

"They are coming here because of economics; they are getting jobs," he said.

Earlier in his reply, the chief minister outlined challenges faced by the state in implementing MRSSA, citing a high court decision that stayed the operation of the Act due to lack of specific parameters governing entry and exit regulation.

"The intent behind MRSSA, 2016 was positive and correct, but we are confined and work under constraints of multiple acts, laws and provisions made by parliament and the Constitution," he said, adding that the court had observed certain provisions to be "omnibus in nature".

The high court had stayed the operation of MRSSA in December 2021 and later disposed of a related PIL in May 2022 after treating the issue as a health concern linked to COVID-19 screening, he said.

Expressing satisfaction with the government's response, Mukul Sangma withdrew his resolution and thanked the chief minister for the assurance, saying the discussion reflected a collective resolve to address the issue.
 
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conrad sangma covid-19 screening entry and exit points facilitation centres high court decision illegal immigration immigration and foreigners act judicial scrutiny law reform meghalaya meghalaya residents safety and security act ministry of home affairs mrssa mukul sangma state legislation
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