Given the momentous nature and transformative policy measures that are underpinning current events in India, it is essential to accurately understand and interpret the key developments. One such development is the amendment of the Foreigners (Tribunals) Order, 1964 by the Ministry of Home Affairs (MHA). This significant change equips district magistrates across all States and Union Territories with the authority to establish quasi-judicial bodies or tribunals. These tribunals would ultimately decide on whether an individual unlawfully residing in India should be considered a foreigner or not.
Power Shift to States and UTs
Previously, this powerful right to constitute tribunals was solely within the jurisdiction of the Centre. The recent amendment marks a significant decentralization of power towards local state bodies and Union Territories in India. In addition, the amended order also allows individuals to approach these Tribunals. A break from the past; initially, only the state administration had the prerogative to move the Tribunal against a suspect.
Context of the Amendment: Assam’s NRC
This important modification comes in the context of the final National Register of Citizens (NRC) in Assam, which is scheduled for publication by July 31, 2019. Following this, if a person’s name is absent from the final NRC, they have the right to seek redressal from the Tribunal. Further empowering district magistrates, the amended order enables them to refer individuals, who haven’t filed claims against their exclusion from NRC, to the Tribunals for final judgment on their status.
NRC: A Drive for Citizen Segregation
Assam’s NRC is being prepared under the supervision of the Supreme Court. The primary objective behind the NRC is to distinguish Indian citizens living in Assam from those who illegally migrated to the State from Bangladesh post-March 25, 1971. The initiative for this massive citizen segregation exercise was undertaken by the Registrar General of India (RGI), which falls under the Ministry of Home Affairs.
| Date | Event |
|---|---|
| 30th July, 2018 | The RGI published the final draft list of NRC |
| Post-Publication | Nearly 40 lakh people were excluded from the final draft |
| Post-Exclusion | Approximately 36 lakh out of those excluded have filed claims against the exclusion |
Assam Accord: The Genesis of NRC
The push for the NRC is a result of the pivotal Assam Accord of 1985, which mandated that all illegal foreigners entering Assam from Bangladesh after 1971, regardless of their religious beliefs, must be deported. The current steps being taken towards developing an effective and comprehensive NRC, and the recent amendment of the Foreigners (Tribunals) Order, are part of the long-standing efforts to fulfil the conditions of the Assam Accord.