Further, the IMDT Act, within its area of operation, introduced a new ‘cut off date’, namely 25/3/1971, for the purpose of defining ‘illegal Migrants’ who is inter-alia, is a foreigner. But for determination of such foreigner the Constitution of India under Article 5 has already laid down such ‘cut of date’. So without amending the Constitution, in respect of ‘cut of date’ as prescribed by the Constitution introduction of new ‘cut of date’ is wholly illegal and is not sustainable. As the provisions of IMDT Act are much more strict than provisions of the Foreigners Act, State of Assam found many difficulties and impediments in the implementation of the IM (DT) Act. Even the Hon’ble Governor of Assam submitted a report to the Hon’ble President of India in November, 1998 on illegal migrants and the impediments in the implementation of IM (DT) Act.

The Government of India in the tripartite meeting with the Sate of Assam and All Assam Students Union held at New Delhi on 1-7-1999 assured that the repeal of IM (DT) Act is under active consideration of the Government of India. In this meeting various other issues relating to illegal migration were discussed and decisions were taken. Some of the decision taken in the meeting are as under:

(i) The proposal submitted by Government of Assam for creation of additional posts for PIF/MTF was discussed. It was informed that additional posts cannot be considered.

(ii) It was noted that 1000 personnel of PIF/MTF have not been stationed as second line of defence so far. It was decided that 500 personnel would be stationed by July 31, 1999 and another personnel by September 30, 1999.

(iii) Government of Assam informed that 1000 posts are vacant in PIF/MTF. They requested that they may be allowed to fill up these positions not from ex-servicemen but from general category. It was agreed that atleast 500 of the vacant positions should be filed up as per existing norms so that delay is avoided.
Meanwhile, the request of Government of Assam would be considered and decision communicated.

(iv) It was agreed that Rs. 171 Crores proposal of Government of Assam additional roads and fencing is recommended for sanction.

(v) AASU urged that an Ordinance be issued for repeal of IMDT Act, 1983. Government of Assam representatives supported for issuance of ordinance in this regard. The repeal of IMDT Act, 1983 is under active consideration of Government of India. This has also been stated in the address of Hon’ble President of India to the Parliament in February 1999.

State Government has written to the Central Government on a number of occasions for either to repeal the IM (DT) Act or to make necessary amendments in the said Act in order to facilitate the State to detect and deport the illegal migrants.

18. That the major impediments faced by the State of Assam in the effective implementation of the IM (DT) Act are as here under: