An Open Access Journal from The Law Brigade (Publishing) Group 272 Academicians and jurist the world over have criticized such processes. Haley Duschinski has put forth the concerns succinctly as “The demand for identification that opens possibilities of sanction and prohibition, is the moment at which state power is practiced and state subjecthood is formed”. She also argues that identity documents are unpredictable and unstable enactments of state power, constantly oscillating between being a ‘threat’ and ‘a guarantee’ to their bearers, and traversing the uncertain geographies between arbitrary violence and the sanctity of lawvi. Exclusion of more than nineteen lac people from the list has practically proved this show of state authority and application of positive law. The NRC process highlighted the inability of the State to carry out such an exercise without fault and legally. There were numerous inconsistencies in all lists of the NRC, which proves that the impact of a clerical error could mean, in these circumstances, being rendered stateless. The right to live with dignity ensured to all citizens almost seems forgotten by such brute State actionvii. These drawbacks were also highlighted by Amnesty International Report that held the Foreigners Tribunals as “complicit in perpetuating exclusion and abuseviii” when deciding cases of exclusion. The Report further stated that method of functioning adopted by the Tribunals were not those that met the international standards of fair trial as they were found to be riddled with prejudices, bias and most importantly arbitrary decision-making processesix. Even though the NPR and National Register for Indian Citizens shall both follow different processes x, the NRC exercise paints us an accurate picture as how efficiently state policy in the hands of underprepared executive can implemented. The provisions of the Citizenship Amendments clearly show that the State can discriminate among people on the basis of religion. The Hon’ble Union Home Minister has spoken this effect by stating that all non-Muslims will get citizenship rightsxi. The NRC has been challenged as being contrary to the reasonable test laid down by the Supreme Court in plethora of casesxii and thus bad law. GENDER DISCRIMINATORY – AN ASPECT OFTEN OVERLOOKED The process followed in the NRC Exercise is especially exclusionary and discriminatory towards women. An enactment that aims to ‘cleanse’ Assam of foreigners, is in reality creating 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