The Transnational Human Rights Review, Vol. 8, Iss. 1 [2021], Art. 1 The Accord was also legally adopted as Article 6A to the Indian Citizenship Act, 1955, to provide Assam with a different cut-off date for citizenship, from the rest of India. 117 Nevertheless, Section 3 of the same Act provides that irrespective of legality of entry, children born to “illegal migrants” could still be lawful birth citizens if, (a) they were born before 1 July 1987 (where both parents are ‘illegal migrants’), or (b) before 3 December 2004 (where either parent is an ‘illegal migrant’. However, there has hardly ever been an occasion to test how these two provisions operate outside the Assam situation – whether the Section 3 provision overshadows Article 6A provision. (b) The NRC Procedure & the Inherent Arbitrariness The procedure for carrying out the Assam NRC was prepared by a state level committee and approved by the GoI in 2014. It relies on two documents: List A legacy documents that prove that the individual or his ascendants are native to the region - including ownership documents, names on the electoral rolls for elections previously held, and List B Linkage documents that prove the individual’s relationship with such ascendant - such as Gram Panchayat certificates (issued by village heads), birth and school certificates, etc. 118 It follows an applicationverification method, where individuals submit an application form with their details, followed by an official/field verification by executive authorities. Accordingly, they draw up a family tree for establishing linkage between family members. 119 On this basis, individuals have been categorized as: Doubtful Voters (DV), those with cases pending against them before Foreigners Tribunals, and Declared Foreigners (DF). Since India has no existing extradition treaty with 117 White Paper, supra note 111 at 21. Aminul Haque, State General Secretary & NCHRO Assam Chapter, “Note on Preparation/Updation of NRC” (NCHRO Convention on NRC, Citizenship and Dissent, India International Centre, 23 September 2018), online: <https://nchro.org/wp-content/uploads/2018/10/NCHRO-Convention-New-Delhi-NRC-Dissent-23.9.18-Paper1Aminul-Haque.pdf> (as issued originally, the list of Legacy documents includes, (1) name in 1951 NRC, (2) Electoral rolls till 1971 midnight, (3) Land Records, (4) Citizenship Certificates, (5) PR Certificate, (6) Refugee Certificate, (7) Passport, (8) Life Insurance Certificate, (9) Certificate issued by any government entity, (10) Certificate of Government Job or Service, (11) Birth Certificate, (12) School Certificate, (13) Court records, (14) Bank or Post Office Accounts while the List of Linkage documents includes legally acceptable identifying documents such as Birth certificates, land documents which mention name of property for instance, jointly held by parent and children, Board certificates, Bank Accounts, Ration Cards. 119 Ibid at 3. 118 https://digitalcommons.osgoode.yorku.ca/thr/vol8/iss1/1 DOI: 10.60082/2563-4631.1096 20