The final National Register of Citizens (NRC) is set to be published on August 31, 2019. This pivotal event has occurred after the Ministry of Home Affairs (MHA) clarified that individuals not included in the final list of the NRC in Assam will have 120 days to appeal against their exclusion in the Foreigners’ Tribunal. The process and implications of this initiative present a unique challenge for individuals involved, as well as for the Election Commission of India (ECI).
NRC and the Extension of Appeal Period
The MHA is planning to usher in an amendment to the existing NRC rules which currently permit only a duration of 60 days for an appeal in the Foreigners’ Tribunal. Anyone whose name does not figure in the final NRC will be allowed to present their case before the appellate authority, typically represented by the Foreigners Tribunals.
According to the Foreigners Act 1946 and the Foreigners (Tribunals) Order 1964, only Foreigners Tribunals hold the power to officially designate a person as a foreigner. Thus, the omission of a person’s name in the NRC does not necessarily mean they are acknowledged as a foreigner.
Implications for ‘D’ Voters and the Election Commission of India (ECI)
The completion of the NRC poses a distinct quandary for the ECI. In the year 1997, during the revamp of the state’s voter list, the ECI introduced a new category of voters termed as ‘D’ or Doubtful voters for Assam. This group includes voters whose citizenship status is either doubtful or under dispute.
While these ‘D’ voters are featured on Assam’s electoral roll, they are unable to vote in an election unless their case is cleared by a Foreigners’ Tribunal.
| Year | Provider | D Voters added |
| 1997 | ECI | Yes |
| 2019 | NRC | No |
Ironically, those who were left off the draft NRC were permitted to vote though, causing an anomaly. Thus, the ECI faces a race with time to rectify the D-voters list.
The Role of Foreigners’ Tribunals
The Foreigners’ Tribunals are quasi-judicial bodies that are designed to “provide an opinion on the issue of whether a person is or isn’t a foreigner as pertains to the Foreigners Act, 1946”.
The MHA institutes these tribunals as required to examine if a person qualifies as a foreigner under the definition provided by the Foreigners Tribunals Act, 1946. In light of the finalization of the NRC, reforms were made to this order in 2019, empowering individuals to make representations before the Tribunals, a privilege previously only given to the State administration.