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Politics Hindustan Times India Politics • Oct 08, 2026

Calcutta High Court Questions West Bengal Authority on Deporting 1970s Cross-Border Migrants from Bangladesh

💡 Key Takeaways

•Calcutta High Court questions West Bengal's legal jurisdiction to deport 1970s cross-border migrants.
•The legal debate centers on federal foreign nationals laws versus state administrative actions.
•Both state and central governments have been asked to submit detailed statutory affidavits.

NEW DELHI [NCRBuzz Wire] — ### Calcutta High Court Examines State Deportation Jurisdiction

**NEW DELHI [NCRBuzz Wire] — The Calcutta High Court has sought legal clarity on whether the Government of West Bengal possesses the requisite constitutional authority to deport individuals who entered the state across the Bangladesh border during the 1970s.** The court's inquiry was initiated while presiding over a habeas corpus and detention plea, bringing the complex interplay of citizenship laws, foreign nationals statutes, and state administrative limits into focus.

### Legal Framework and Constitutional Context

**The adjudication centers around the distribution of legislative and executive powers between the Union Government of India and state administrations concerning foreign nationals, as stipulated under the Foreigners Act and the Constitution of India.** Legal counsels representing various stakeholders presented divergent viewpoints on executive overreach, state-level implementation of central security directives, and the applicability of historical migration accords. While federal statutes assign immigration and deportation matters strictly to the Ministry of Home Affairs, state-level law enforcement agencies frequently handle initial detentions.

### Stakeholder Perspectives and Next Judicial Steps

**Representatives for the Government of West Bengal and the Union Government have been directed to submit comprehensive affidavits detailing their respective statutory mandates and past policy precedents.** Constitutional jurists and political analysts note that the outcome of this case could establish a significant precedent for border-state administrative actions. The Calcutta High Court has scheduled further hearings to examine detailed central notifications and constitutional provisions governing deportation procedures.

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🏛️ Background Context

The matter highlights complex debates regarding federalism, historical cross-border migration from Bangladesh, and the strict demarcation of citizenship regulation powers under the Constitution of India, where immigration and deportation are primarily Union List subjects.

💡 Citizen & Commuter Quick Explainer (FAQ)

Q1: What is the core issue raised by the Calcutta High Court?

The court questioned whether the Government of West Bengal has the legal and constitutional authority to deport individuals who crossed the international border from Bangladesh in the 1970s.

Q2: Which government authority typically handles deportation under Indian law?

Under the Constitution of India and the Foreigners Act, immigration, citizenship, and deportation matters fall under the legislative and executive purview of the Union Government (Ministry of Home Affairs).

Q3: What is the immediate next step in these legal proceedings?

The Calcutta High Court has directed both the state and central government counsels to submit formal affidavits detailing their respective statutory mandates and past policy frameworks.

Verified Wires: Hindustan Times India Politics Original Wire Dispatch ↗

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