1. Second and the final draft published – 40.9 lakh cases found dubious – claims of objections
  2. 1st draft published at the end of 2018

Legal Process – NRC in assam:

Citizenship act laid down rules – Special provision for NRC in assam
1951 were non-statutory in nature
Agitation – natives vs outsiders
1985 Assam accord – cutoff date as and before 1971 -claiming citizenship

Citizenship act recognises citizen:

Based on

  • Birth
  • descendants or parental gineology
  • Valid travel documents with specified time period

NRC Updated to include citizens based on:

  • parents or Descendents who stayed before 1971

NRC process on the direction and monitoring of supreme court

Process of claims and objections for those who are not included in the list of NRC

Published NRC is not a final one as there are objections pending to be resolved.

Concerns:

NRC follows due process of law so apolitical – and
The process of inclusion and exclusion is carried without any discrimination in an objective manner

No enforcement of law to forcefully shift a citizen

Claims of objections met by:

Establishment of seva kendra by NRC to know about the requirements of documents to include in the NRC

D- category claims in Foreign tribunals:

Those who couldnot prove citizenship claims by submitting the proof of valid documents
before the cut off date of 1971.

The pending cases are not rejected as the final draft was not yet published to exclude the names
As per orders of supreme court the citizenship grant has been put onhold no coercive action to be taken
to forcefully deport individuals.

NRC Decision: Inclusion or exclusion of a citizen in the states list

Supreme court on petition to file SOP’S:
Government To formulate by home ministry emphasizing the process to be fair and transparent

Any process (SOP’s)requires:

While carrying out time bound limits one also has to ensure that there are no compromise

Credibility
Objectivity
Due diligience
Impartial
transparent
judicious
Bonafide

NRC:

  1. Assam govt published 2nd draft of NRC about 40 lakh found to be excluded

Concerns:
1. Not having valid documents are excluded

Home ministry:

Process are done in fair and transparent manner
without any conduct of impartiality
S.C monitored NRC

Updated after 1951:

Criteria for update as mentioned in citizenship act:

To submit valid documents and verified by NRC

Process of NRC:

  • Detection of citizen
  • Dubiousness establishing
  • Deportation

Perspective:

1971 east pakistan influx of migrants assam agitation – 1970’s and assam accord – 1985
To update NRC registar: Centre and state being party to the accord

Foreigners tribunal: 92k cases pending for the claims of objection to exclude the individuals from the NRC list

Earlier govt amendment of citizenship act: based on religious minorities from 3 neighbouring countries
violates constitutional mandate of right to equality.

Final draft is published after effective redressal for the claims of objections.

State govt has assisted conducting this mammoth exercise of preparing an official list of citizenship