A. T HE R IGHT TO NAT IONALIT Y FOR EV E RY INDIV IDUAL process. Articles 20 and 22 reiterate principles of natural justice when laying down criminal procedural rights. Both the FT and the NRC processes in Assam shall be examined for procedural guarantees. FTs are quasi-judicial authorities created by the Central Government under the Foreigners (Tribunals) Order, 1964, in exercise of its powers under Section 3 of the Foreigners Act.43 They are the forums where accused individuals must prove their Indian nationality. There are two mechanisms through which cases are referred to FTs. First, through the Assam Border Police, which is empowered to serve notice to suspected foreigners. Secondly, the Election Commission of India in 1997 conducted a large scale revision of electoral rolls and labelled several thousands of persons as ‘doubtful’ voters, whose cases are adjudicated before FTs as well. Two Foreigners (Tribunals) Amendment Orders, passed in 2013 and 2019, further expanded the powers of FTs, including the power to detain persons and grant bail. The NRC exercise in Assam followed the Citizenship Act, 1955 and the Citizenship Rules, 2003.44 It demanded two sets of documents from every individual: the first set to identify a legacy person with whom the applicant claims descent, and the second to establish linkage between the applicant and the legacy person.45 Decades of poor recordkeeping and irregular digitisation coupled with poverty and illiteracy led to a large number of exclusions from the NRC, despite many of these applicants knowing no home other than Assam. Those excluded can eventually file their appeals before FTs as well. Neither the Foreigners Act nor the three subsequent orders lay down a clear, consistent, comprehensive, and predetermined procedure applicable to FTs. These tribunals instead 43 The Foreigners Act, 1946 empowers the Central Government to regulate the entry and presence of foreigners in Indian territory. 44 The Citizenship Act, 1955, s. 6A; The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, rule 4A and Schedule. 45 Government of Assam, ‘What are the admissible documents?’ <http://nrcassam.nic.in/admindocuments.html> accessed 1 July 2020. chapter i • status 53 SECTION I.A.3.1