STATELESSNESS IN INDIA
while those obtained illegally maybe admissible.61 FTs often assume powers of writ,
beyond their jurisdiction, and issue directions for authorities to arrest, detain, and deport
people declared foreigners, sometimes even in mid-proceedings.62 They have also
directed confiscation of ration cards63 and deletion of names from voter-lists. This arbitrary
expansion of powers is sanctioned by the Gauhati High Court (“GHC”).64 There is no
provision to appeal from FT orders and the only avenue is judicial review by the High
Court.65 These elements make the process of adjudication by FTs clearly unlawful,
arbitrary, discriminatory, and violative of all canons of due process and the rule of law.
(E) Assam as a trial run for a nation-wide NRIC
Having tested the mechanics of the process with NRC and FTs in Assam, the Indian
Government has declared its intention to conduct a pan-India NRIC.66 The NRIC is based
on the National Population Register (“NPR”),67 a list of ‘Usual Residents’ compiled
through door-to-door surveys. On this basis, the NRC Registrar decides which the ‘usual
residents’ qualify as citizens, in their subjective and arbitrary opinion. Where the Registrar
considers a ‘usual resident’ not to be a citizen, he marks their citizenship status as
‘Doubtful’ without affording such persons any prior opportunity of being heard. A process
uncannily similar to a one that goes hurtling towards a FT.
61
R.M. Malkani V. State of Maharashtra, AIR 1973 SC 157.
Ajijur Rahman vs The Union Of India & Ors, WP(C) No. 2358/2011, order dated July 1, 2011.
63
Ration cards are issued by the government to persons eligible to receive subsidized food entitlements.
Without these cards, the poor are denied their Constitutional entitlement of subsidized food.
64
Rustam Ali V. Union of India & Others, WP(C) No. 3236/2009, dated May 26, 2011.
65
State of Assam v. Moslem Mondal, (2013) 3 Gau LR 402.
66
The one time in the past that the NPR was prepared, it was done partially. However, the NPR that is
being sought to be made now is vastly different from the one proposed earlier, especially in how many more
data points the present one collects about every citizen. Rule 3 of The Citizenship (Registration of Citizens
and Issue of National Identity Cards) Rules, 2003 establishes the exclusive list of information that may be
collected for the purpose of a NRIC. As per Rule 4 of the 2003 Rules, NPR is only prepared with the purpose
of preparing a NRIC. In clear violation of this Rule, the Instruction Manual for Updation of NPR, 2020 seeks
to collect a great amount of identifiable individual information about one’s spouse, all other forms of
identification an individual possesses, consolidating personal and identifiable information in one place, in
the absence of a data protection or accountability regime.
67
Under Rules 3(5) and 4(3) of the Citizenship Rules. During the verification process, particulars of those
whose citizenship is doubtful, shall be entered by the Local Registrar with appropriate remark in the
Population Register for further enquiry and in case of doubtful Citizenship, the individual or the family shall
be informed in a specified proforma immediately after the verification process is over…”.
62
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