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National Registry of Citizens(NRC) (Citizenship in India (Citizenship Act…
National Registry of Citizens(NRC)
Citizenship in India
Person domiciled in India as of 26th November 1949(Adoption of Constituent Assembly), automatically becomes citizen if
-he or either of his parents were born in India
-had been in India atleast for 5 years until that date
-
Citizenship Act 1955
Grants based on birth dates
Born between 26/01/1950 and 01/07/1987
Born between 01/07/1987 and 03/12/2004, if either of his parents is a citizen of India at that time
Born after Dec 3, 2004, if
-Both parents citizen of India
-one parent is citizen, other is not an illegal migrant
By registration
Can be acquired by PIO, who have lived in India for 7 years before applying
Person married to an Indian, 7 years stay
Minor child: if govt is satisfied under special circumstances
By naturalisation
Any foreigner, being not an illegal migrant
-stayed for 12 consecutive months preceding date of application
-for 11 years out of preceding 14 years
Not permanent
Sec(9) of 1955 Act,: Person ceases to be so, if he voluntarily acquires citizenship of another country
No dual citizenship
sec 10, can be deprived by Min of Home affairs
Issue with Assam
During British rule, Assam merged with Bengal and they bought in cheap plantation labour into ut
Waves of inward migration: During Partition from East Pakistan and liberation of Bangladesh in 1971
This Led to agitation during 1979-85, by All Assam students Union, which culminated in 1985 Assam accord
1978 Mangaldoi LS seat By-election: No of voters in electoral roll increased dramatically
-Anti foreigner/Axom movement by AASU
-After mass protests and Nellie massacre of 1983, Assam peace accord signed between AASU and Asom Gana Parishad
Assam state accord: anyone who entered state after midnight of March 1971 was considered a foreigner
Since 1978?
State govt was to detect and deport illegal migrants
Govt failed, NGO petitioned
Court directed the state to complete NRC Update first
NRC
Role of SC
Key player: original ruling directed Indian Govt to complete fencing of border and maintain vigil along riverine Patrol Boundary
Gave directions to govt to cooperate with Bangladesh Govt and deport illegal ones
Provisions for ID illegal Migrants
Jan1 1966, Anyone resident of assam before this, is a citizen
Jan 1966 and March 1971: Migrants who entered would need to regsiter with foreign tribunal
-for 10 years, they'd have all rights except right to vote, which they will be granted later
After MARCH 1971
-proof of their ancestor being Indian needed
Why in news?
4 million left out of second draft of NRC
List excludes some of serving and foreign legislators
What is to be done?
To avoid confusions, state assuming responsibility to ensure that claim to citizenship exhausted in its procedural entirety
Enable eligible ones to defend at Foreigners' Tribunal
Indian democracy: real challenge?
People part of Indian economy and community cant be rendered stateless now