A. T HE R IGHT TO NAT IONALIT Y FOR EV E RY INDIV IDUAL individuals.52 Despite FTs being empowered to summon persons and compel the production of documents, the emphasis is on speed and expedience rather than due process. Such procedural perils are manifestly arbitrary and discriminatory, and clearly contravene the standards laid down in Article 14 of the ICCPR. The aforementioned laws do not state the minimum qualifications necessary to helm FTs and ensure their impartial and competent functioning. A matter as grave and foundational as citizenship should require that the adjudicators have the necessary judicial training, experience, and expertise to impartially and fairly determine an individual’s citizenship status. Indeed, in other arenas of the Indian judicial system, including various other tribunals, there exist clear and specific guidelines for appointment of tribunal members, based on necessary qualifications and experience to accurately and objectively decide upon the questions of law. On the other hand, the sole criteria for appointment as FT members is that they have ‘judicial experience’ as the Government may see fit.53 This vague, imprecise guideline has led to great variations in the terms of eligibility. In 2019, the Gauhati HC opened applications for FT members to retired members of the judicial service, the civil service, and to advocates above the age of 35 years with at least seven years of practice.54 Additionally, reports state that the assessment and extension of FT members’ tenures is contingent on the nature of orders passed – especially on the number of ‘foreigners’ declared.55 Based on these facts, FTs fall short of 52 Human Rights Law Network, ‘Statelessness and Marginalisation in Assam: Report of the Public Hearing on the Citizenship Amendment Bill and the National Register of Citizens’ (n 46). The Assam Government has offered free legal aid to those who’ve been excluded from the NRC: PTI, ‘People in Assam excluded from final citizens list to get free legal aid’ NDTV (27 August 2019) <https://www.ndtv. com/guwahati-news/assam-people-excluded-from-final-citizens-list-to-get-free-legal-aid-2091071> accessed 16 July 2020. 53 Foreigners (Tribunals) Order, 1964 (India), s. 2(2). 54 Gauhati High Court Advertisement <http://ghconline.gov.in/Recruitment/Notification-10-06-2019. pdf> accessed 12 July 2020. 55 Arunabh Saikia, ‘“The highest wicket-taker”: Assam’s tribunals are competing to declare people foreigners’ (Scroll.in, 19 June 2019) <https://scroll.in/article/927025/the-highest-wicket-taker-assamstribunals-are-competing-to-declare-people-foreigners> accessed 16 July 2020; Fatima Khan, ‘Job in Assam Foreigners Tribunal depends on conviction rate, says civil rights group report’ (The Print, 19 September 2019) <https://theprint.in/india/job-in-assam-foreigners-tribunal-depends-onconviction-rate-says-civil-rights-group-report/294030/> accessed 16 July 2020. chapter i • status 55 SECTION I.A.3.1