DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY,LUCKNOW

2020-21
Final Draft
CITIZENSHIP AND EMMIGRATION LAW

THE NRC FIASCO IN ASSAM: A CRITICAL ANALYSIS

Submitted to: Submitted by:

Dr. R. K. Yadav Deepak Kumar Rav

Assistant Professor (Law) Enrolment No. 160101059

Dr. RMLNLU, Lucknow. BA.LLB (Hons), IX Semester

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 ACKNOWLEDGEMENT

This draft would not have been possible without the kind support and help of many
individuals. I would like to extend my sincere thanks to all of them.I am highly indebted to
Dr. R. K. Yadav for his guidance and constant supervision. I am grateful to my parents for
their kind co-operation and encouragement. Also, I am grateful to my colleagues who helped
me out in its development and all the other people who have willingly helped me out with
their abilities.

Yours sincerely,

Deepak Kumar Rav

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 TABLE OF CONTENTS

INTRODUCTION......................................................................................................................4

NATIONAL REGISTER OF CITIZENS..................................................................................5

PURPOSE..................................................................................................................................7

IMPLEMENTATION................................................................................................................7

MERITS AND DEMERITS....................................................................................................10

SUPREME COURT’S STAND...............................................................................................11

TOP COMMENTS FROM TARUN GOGOI, MAMATA BANERJEE OVER NRC ROW.12

TENSIONS BETWEEN INDIA AND BANGLADESH OVER NRC...................................13

CONCLUSION........................................................................................................................14

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 INTRODUCTION

National Register of Citizens (NRC) ‘is a record of names of all genuine citizens of India in
the state of Assam. It was first prepared after the 1951 Census of India. The NRC is now
being updated to include the names of citizens of India or their decedents whose name
appears in the NRC, 1951 or in any of the electoral rolls till 24 March 1971 or in any one of
the other admissible documents issued up to midnight of 24 March 1971, which would prove
their presence in Assam or in any part of India on or before 24 March 1971.

We exactly don’t know what government thinking was when it thought of this step. What will
the government do with these illegal immigrants? Will it keep them in detention centres? Or
will it send them to Bangladesh?

Bangladesh will certainly not accept them as it has already told India that there has been no
illegal immigration since 1971. So, will these people spend the rest of their lives in detention
centres? What will their children do? Do they not have the claim to Indian citizenship? Will
the government start splitting families?

The world is already viewing this step as against the Muslims and government’s Citizenship
Amendment Bill guarantees citizenship to illegal migrants from Afghanistan, Pakistan and
Bangladesh who are Hindu, Christian, Sikh, Buddhist, Jain or Parsi but excludes those who
are Muslim, will further reinforce their beliefs. Thus, making India a very different country
than what it and ideologies were.

The NRC is updated as per the provisions The Citizenship Act, 1955 and The Citizenship
(Registration of Citizens and Issue of National Identity Cards) Rules, 2003 (As amended by
1. G. S. R. 803(E), dated 9 November 2009 (with effect from 9/11/2009.), Ministry of Home
Affairs (Office of Registrar General, India), Order No. S.O. 596(E), dated 15 March 2010,
published in the Gazette of India, Extra, Part II. No. 504 S.3(ii), dated 16 March 2010 p. 1.).
As per the two statutes, the eligibility status would be ascertained based on the NRC, 1951,
Electoral Rolls up to 1971 and in their absence the admissible documents up to 24 March
(midnight) 1971.

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 NATIONAL REGISTER OF CITIZENS (NRC)

The National Register of Citizens (NRC) is a register maintained by the Government of

India containing names & certain relevant information for identification of Indian citizens
of Assam state. The register was specifically made for Assam state. [1] The register was first
prepared after the 1951 Census of India and since then it has not been updated until recently.

The North-East Indian state of Assam has become the first state in India where the updating
of the NRC is being taken up to include the names of those persons whose names appeared in
the NRC of 1951 and is still alive; and/or of their presently living descendants who have
permanent residence within the state.

However, due to an amendment carried out in the Indian Citizenship Act, 1955, the State
Register of Citizens for the state of Assam, which forms a part of the National Register of
Citizens, has also been held to be legal to contain the names of all persons, whose names
appeared at least in any of the Electoral Rolls published for any of the then assembly
constituencies within the territorial limits of present-day state of Assam up to midnight of 24
March 1971 and also of descendants of such persons presently having permanent residence
within the state. A person residing in the present state of Assam is also eligible to get his or
her name entered in the register, if he or she holds and submit to the registering authority any
of certain specific documents issued up to midnight of 24 March 1971 against his or her name
or in the names of his or her ancestor which would prove the holder's or ancestor's presence
within the territorial limits of the present day state of Assam. This is a peculiar situation in
which any person, who has entered into the territorial limits of the present day state of Assam
up to the midnight of 24 March 1971 from the neighbouring country Bangladesh, or any of
the person's descendant, can claim to be an Indian citizen of the state of Assam throughout
India by dint of presence of his or her own self or of ancestor's, within the territorial limits of
the present day state of Assam only but no other Indian states for that matter. In case of
descendants, they further have to hold and submit to the registering authority another specific
piece of document proving his or her blood relationship with a person whose name did appear
in NRC, 1951 or in any of the said Electoral Rolls or whose presence in the territorial limits
of the present day state of Assam is ascertainable with prescribed specific documents.1      
1
Angshuman Choudhury and Jonmani Das, Citizenship Amendment Bill fails to address key questions on
Section 6A of existing Act, sidelines Assam Accord, available at <https://www.firstpost.com/india/citizenship-
amendment-bill-fails-to-address-key-questions-on-section-6a-of-existing-act-sidelines-assam-accord-

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 The process of updation of state's part of NRC in the state of Assam started in the year 2013,
when the Supreme Court of India passed an order for its updation. Since then, the Supreme
Court (bench of Chief Justice of India Ranjan Gogoi and Rohintan Fali Nariman) has been
monitoring it continuously. The entire process is conducted by one Mr Prateek Hajela, an
officer from the Indian Administrative Service cadre, who has been designated as the State
Coordinator of National Registration, Assam and is carried out under the monitoring of the
Supreme Court of India which has been holding time to time hearing on representations made
to it by various interested parties & stake holders.

The origin of the NRC process lies in the 1985 Assam Accord entered into between the
Rajeev Gandhi-led Union Government with the leaders of Assam. A part of para 5 of the
Accord was given statutory recognition by Section 6-A of the Citizenship Act, 1955.

On the touchstone of Section 6-A2, citizenship of persons was to be determined based on the
criteria supplied hereunder:

I. All those persons who came to Assam on or after January 1, 1966, but before March 25,
1971 from the specified territory [meaning, territories included in Bangladesh
immediately before the commencement of the Citizenship Amendment Act, 1985], are
residents of Assam, and shall register themselves under Section 18 of the Act.

II. A person so registered shall have the same rights and obligations as a citizen of India
(including the right to obtain a passport).

III. Further, a person so registered shall be deemed to be a citizen of India for all
purposes (emphasis supplied).

Thus, it becomes evident that Section 6-A did not merely grant refugee status to those who
were illegal migrants from East Pakistan, but went on to grant them the benefit of Indian
citizenship. All persons who had migrated to Assam before 1966 and before 25.03.1971 were
to become citizens of India either immediately or after a period of ten years (once there has
been a determination that they have in fact settled in India between 1966 and 1971).

5961481.html>.
2
Section 6-A of the Citizenship Act, 1955

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 PURPOSE FOR NRC

The purpose of NRC update in the state of Assam is to identify Indian citizens from among
all the present residents of the state thereby leading to identification of illegal migrants
residing in that state, who entered into it after the midnight of 24 March 1971. However the
fate of those who would not be able to get his or her name entered in the register is now a
matter under judicial and legislative consideration and more or less uncertain. On 3
September 2019, a major opposition party in Bangladesh namely Bangladesh Nationalist
Party expressed its view that the people excluded from the National Register of Citizens
(NRC) in Assam might be sent back to Bangladesh.

Necessary guidelines, policy decisions and funds for NRC updates are provided by the
Central Government of India. However, its implementation is done through the State
Government machinery under the Registrar General of India. The RGI here functions as
the Registrar General of Citizen Registration under Rule 15 of Citizenship Rules, 2003 as
amended in 2009 and 2010.3

The modalities for NRC updates have been developed jointly by the Government of Assam,
along with the Government of India in adherence to these statutes.

IMPLEMENTATION OF NRC

Who are eligible for inclusion in the updated NRC?

 Persons whose names appear in NRC, 1972

 Persons whose names appear in any of the Electoral Rolls up to 24 March (midnight),
1971.

 Descendants of the above persons.

 Persons who came to Assam on or after 1 January 1966 but before 25 March 1971 and
registered themselves in accordance with the rules made by the Central Government with
the Foreigners Registration Regional Officer (FRRO) and who have not been declared as
illegal migrants or foreigners by the competent authority.

3
Rule 15 of Citizenship Rules, 2003 as amended in 2009 and 2010

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 People who are original inhabitants of Assam and their children and descendants who are
citizens of India provided their citizenship is ascertained beyond a reasonable doubt by
the registering authority.

 ‘D’ voters can apply for inclusion of their names in the updated NRC. However, their
names will be finally included only when the appropriate Foreigner Tribunal declares
them as non-foreigners.

 Persons who can provide any one of the documents issued up to midnight of 24 March
1971 as mentioned in the list of documents admissible for citizenship.

 All Indian Citizens including their children and descendants who have moved to Assam
post 24 March 1971 would be eligible for inclusion in the updated NRC on adducing
satisfactory proof of residence in any part of the country (outside Assam) as on 24 March
1971.

 All members of the Tea Tribes shall be covered under ‘Original inhabitants of Assam’
category provided for under Clause 3(3) of the Schedule of The Citizenship (Registration
of Citizens and Issue of National Identity Cards) Rules, 2003.

 All such original inhabitants shall be included on the basis of proof to the satisfaction of
the Registering Authority. On the establishment of the citizenship of such persons beyond
a reasonable doubt, their names shall be in the updated NRC.4

All the aforementioned documents will be subjected to a strict verification process and would
be accepted only after they clear all levels of satisfaction in terms of authenticity.

The mechanism adopted to update the NRC 1951 has been developed from scratch owing to
the fact that there is no precedence of such a mammoth task ever undertaken in India or
elsewhere that involved identification of genuine citizens and detection of illegal immigrants
using technology since it involved data of over 3 crore people and over 6.6 crore documents.
The guidelines under which NRC Update has been taken up is as follows –

The process of NRC Update is divided into the following phases:

4
Angshuman Choudhury and Jonmani Das, Citizenship Amendment Bill fails to address key questions on
Section 6A of existing Act, sidelines Assam Accord, available at <https://www.firstpost.com/india/citizenship-
amendment-bill-fails-to-address-key-questions-on-section-6a-of-existing-act-sidelines-assam-accord-
5961481.html>.

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 1. Publication of Legacy Data

2. Distribution & Receipt of Application Form

3. Verification Process

4. Publication of Part Draft NRC

5. Complete Publication of Draft NRC

6. Receipt and Disposal of Claims & Objections

7. Publication of Final NRC5

The Final NRC has been published on 31 August 2019 after completion of all the statutory
works as per various standard operating procedures. As per a press release by the SCNRC, a
total of 3,30,27,661 persons applied to the registering authority through 68,37,660 application
forms and out of which 3,11,21,004 persons were found eligible for inclusion of their names
in the final NRC leaving out 19,06,657 persons, who were not included and shall have to
approach a Foreigners' Tribunal with an appeal against non-inclusion if they so desire.

5
"Must Read: NRC For India— A Paradigm Shift from Vote Bank Politics to "India for Indians" - The Fearless
Indian". The Fearless Indian. 14 August 2018. 

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 ANALYSIS

Merits

 India has already become a resource-scarce country. We are unable to deliver the
basic necessities to the genuine Indian citizens, and a large number of additional
immigrants will further worsen the conditions. The efficient NRC will help us in
identifying the illegal immigrants and some steps can be taken for their deportation.

 Curbing their voting rights can be beneficial to us. As it will avoid the illegal
immigrants from swinging elections in favour of those who promise them legitimacy.

 Will send a strong message that illegal immigrants are not welcome here.6

Demerits

 The present process lacks impartiality, transparency and equality. Updating or

maintaining an NRC with such a huge population, and that too people with less
income and low literacy is a very tedious task. And all efforts should be made to
minimize injustice to anyone.

 The NRC body and the Foreign Tribunals in Assam are functioning behind the
curtains and its functioning is clearly signalling towards ruling party’s agenda of
getting rid of Minorities. Earlier retired judges were carefully selected for Foreign
Tribunals but now any lawyer who is above 50 on 25 April 2015 and has 10 years of
experience can volunteer for FT and gets a seat. Various online sources have reported
that the FT is full of people sharing ruling party’s ideology and are asked to perform
well.

 This ‘performance pressure’ has led to bad justice. People are tired of showing their
documents, proving their identities but the FT is never satisfied. Minor clerical
mistakes have resulted in the listing of Indian citizens as Foreigners. At times FT has
gone beyond scope of its power and ordered arrest, detention, revoked ration cards
etc. thus, troubling a poor Indian.

 Increased feeling of alienation in the Muslims and animosity in orthodox Hindus,

leading to communal unrest which is already on the rise since the BJP came to power.
6
"Must Read: NRC For India— A Paradigm Shift from Vote Bank Politics to "India for Indians" - The Fearless
Indian". The Fearless Indian. 14 August 2018. 

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  The government is ready to exempt illegal Hindu immigrants, leading to unequal
treatment.

 If this continues India will soon lose its credibility on the international forum while
voicing against China and Pakistan as both the countries follow the same ideology of
exploitation and polarization of minorities and India will soon join their league.

 With the faltering mechanism, these already poor and helpless genuine Indians will
lose their right to work, to healthcare and education, and housing.7

7
Angshuman Choudhury and Jonmani Das, Citizenship Amendment Bill fails to address key questions on
Section 6A of existing Act, sidelines Assam Accord, available at <https://www.firstpost.com/india/citizenship-
amendment-bill-fails-to-address-key-questions-on-section-6a-of-existing-act-sidelines-assam-accord-
5961481.html>.

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 SUPREME COURT’S STAND

The Supreme Court Division Bench vide its judgment dated December 17, 2014, framed
thirteen substantial questions. Out of these, two questions are of particular interest:

“(i) Whether Section 6A violates Article 355? What is the true interpretation of Article 355 of
the Constitution? Would an influx of illegal migrants into a State of India constitute
“external aggression” and/or “internal disturbance”? Does the expression “State”
occurring in this Article refer only to a territorial region or does it also include the people
living in the State, which would include their culture and identity?

(ii) Whether Section 6A violates the basic premise of the Constitution and the Citizenship Act
in that it permits Citizens who have allegedly not lost their Citizenship of East Pakistan to
become deemed Citizens of India, thereby conferring dual Citizenship to such persons?”

Following the framing of these substantial questions as to the interpretation of the

Constitution, the case will now be considered by a Constitution Bench.

In view of the above, the author departs from the present Article by alluding to the fact that
notwithstanding the current political perception (for instance, Assam will become an Islamic
state if NRC is not fixed, as argued by ABVP), the ultimate task lies before the Constitution
Bench to determine the constitutionality of Section 6-A, which in the author’s opinion shall
ascertain the fate of the illegal migrants who have enjoyed dual citizenship in India without
taking the oath of allegiance to the Indian Constitution. 

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 RELATIONSHIP WITH BANGLADESH

Bangladesh Prime Minister Sheikh Hasina visited Delhi last week, she was assured by Prime
Minister Narendra Modi that the NRC should not worry them – it was an “internal matter” for
India.A recent right to information application filed by Scroll.in also revealed that the
ministry of external affairs had not held any talks with Bangladesh about the deportation of
those declared foreigners in Assam. External Affairs Minister S Jaishankar has also trotted
out the “internal matter” line.

This is curious because, for about a year now, Union home minister Amit Shah has been
proclaiming that a nationwide NRC would help detect “infiltrators”, or “termites”, as he put
it, who would then be deported. Addressing political rallies in West Bengal just a few days
ago, he vowed that the NRC would be used to eject “intruders” from the state. He assured all
non-Muslim “refugees”, however, that they would not be forced to leave.

The Modi government seems to be torn between conflicting impulses. The prime minister
takes pride in being the foreign policy wizard who can improve India’s standing in the West
and assert its dominance in the neighbourhood. It is a role which requires temperate language
and the veneer of democratic principles. But this is also a government of ‘chowkidaars’,
patrolling the borders of the nation and muscling out “enemies within” to purify the body
politic of a Hindu state. Increasingly, the role of saffron strongman has been outsourced to
Shah.

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 CONCLUSION

The entire logic behind creating a National register of citizens to weed out illegal immigrants
is deeply flawed. The process is tedious and almost arbitrary. It is practically impossible to
cross verify all the data that needs to reference. Additionally, corruption is a huge part of this
process. As mentioned above, two officials were arrested for taking bribes for in return for
guaranteeing citizenship. This itself defeats the entire process. Finally, what will become of
the people who have been living in the state of Assam for many years, but now have been
declared foreigners? Are they to be now termed refugees? This is indeed a thought that the
government should ponder and revisit our citizenship laws.

Post-NRC, people expressed scepticism of fragmentation of the society along ethnic and
religious lines. The apprehension expressed by some, is that the exploitation of the situation
by some vested groups might open up a new dimension in the identity politics in Assam.

It will be fruitful to watch how the state navigates its way through these challenges and brings
everyone together to fulfil the dream of Assam as a vibrant, inclusive, peaceful and
prosperous society.

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