An Open Access Journal from The Law Brigade (Publishing) Group
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While the purported aim of the NPR is the creation of a comprehensive identity database of
every resident in the country, it’s connection with the NRC is clear by virtue of Section 14A
of the Citizenship Act, 1955 and the Citizenship (Registration of Citizens and Issue of National
Identity Cards) Rules, 2003. These provisions state that the nationwide NRC is to be compiled
after due verification of a person’s particulars from the NPR. One can see that the enactments,
specially the NRC are violative of our Constitutional Principles. The consequences of the
combined effect of the CAA with the NPR exercise followed by a nationwide NRC exercise
could be disastrous. The Government’s claim that the three are not interlinked is patently false.
The simplest response to debunking such a claim is the fact that all the three - CAA, NPR,
NRC exist within the framework of the Citizenship Act, 1955v. The combined effects of these
enactments further add to the claim that such state action is manifestly arbitrary and violative
of Article 14 of the Constitution of India.
NRC EXERCISE IN ASSAM
The National Register of Citizens is a register maintained by the Government of
India containing names & certain relevant information for the identification of Indian citizens.
It requires that people prove their presence in Assam or in any part of India on or before 24th
March, 1971. Such an exercise is the result of Assam’s unique historical issues with illegal
immigration. Thus, there were two requirements for inclusion in updated NRC –
1.
Existence of a person’s name in the pre-1971 period
2.
Family tree verification with such person.
The Government of Assam and the Government of India have developed the modalities for
NRC updating jointly in adherence to these statutes. After a rigorous process of applications,
filling of appeals at the Foreign tribunals and publication of several drafts, a total of 3,11,21,004
people have been found eligible for inclusion in the final version of the NRC in Assam. This
leaves out a total of 19,06,657 people, including those who did not possess the means to submit
their claims. This exercise in Assam has proven that this shift of burden on the citizen to prove
its right to belong (rather than the state to prove the non –citizenship) has created a lot of issues
that underscore the difference between persons with means and those who struggle in poverty.
JOURNAL OF LEGAL STUDIES AND RESEARCH
Volume 6 Issue 4 – ISSN 2455 2437
August 2020
www.thelawbrigade.com
Electronic copy available at: https://ssrn.com/abstract=3665733