With reference to the legal framework in India for illegal migrants consider the following statement...........

Indian Polity Citizenship

With reference to the legal framework in India for illegal migrants, consider the following statements:

In the Foreigners Act, 1946, ‘burden of proof’ lies with the authorities, and not with the person.
The Foreigners (Tribunals) Order, 1964 empowers district magistrates in all States and Union Territories to set up tribunals to decide whether a person staying illegally in India is a foreigner or not.
Currently the amendement in this act is applicable in Assam only.

Which of the statements given above is/are correct?

1 only

2&3 only

1&3 only

All of the above

The Foreigners Act, 1946 empowers the government to make provisions for regulating the entry of foreigners into India. Its most important provision is that the ‘burden of proof’ lies with the person, and not with the authorities. This has been upheld by a Constitution Bench of the Supreme Court.
Since NRC work is going on only in Assam, therefore, the aforementioned Order, issued on 30th May, 2019 is applicable only to Assam as on date for all practical purposes.
This Amendment Order also provides for reference by District Magistrate to the Tribunal for its opinion as to whether the Appellant is a “foreigner” or not within the meaning of the Foreigners Act, 1946.
Since the Foreigners Tribunals under this order have been established only in Assam and in no other state of the country, this amendment in effect is going to be relevant only to Assam at present.