NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL

A CRITICAL ANALYSIS OF CITIZENSHIP AMENDMENT BILL,

2019 AND NATIONAL REGISTER OF CITIZEN

Subject: Constitutional Law: New Challenges

Submitted by: - Submitted to:-

HEMANT VERMA Prof.(Dr.) Vinod Dixit
LL.M (2019 LL.M 09) Ms. Saubhagya Bhadkaria
1st Trimester
NLIU, Bhopal
Acknowledgements

I would like to express my heartfelt gratitude and thank my teacher, Prof.(Dr.) Vinod Dixit and
Ms. Saubhagya Bhadkaria for having faith in me and giving me this opportunity to work on the
project, “ A CRITICAL ANALYSIS OF CITIZENSHIP AMENDMENT BILL, 2019 AND
NATIONAL REGISTER OF CITIZEN”.

I would also like to thank my family and friends for their continuing support and help when
required. My gratitude also goes out to the staff and administration of NLIU, BHOPAL for
the infrastructure in the form of our library and IT Lab that was a source of great help for the
completion of this project.

Hemant Verma

2019 LLM 09
TABLE OF CASES

Assam Public Works vs Union of India WRIT PETITION (CIVIL) NO.274 OF 2009
Assam Sanmilita Mahasangha & Ors vs Union of India & Ors (2015) 3 SCC 1

STATUTE/BILLS

Citizenship Amendment Bill, 2019

Constitution of India, 1950
 Contents
Table of Cases ......................................................................................................................................... 3
Statute/Bills ............................................................................................................................................. 3
introduction ............................................................................................................................................. 5
Title of Study .......................................................................................................................................... 6
Literature Survey/Review ....................................................................................................................... 6
Objectives of the Study ........................................................................................................................... 6
Scope of the Study .................................................................................................................................. 6
Research problem.................................................................................................................................... 6
Research Hypothesis ............................................................................................................................... 7
Illegal Immigration in Indian States........................................................................................................ 8
The National Register of Citizens of India (NRC)................................................................................ 10
Background ....................................................................................................................................... 10
Criteria for Inclusion in National Register of Citizen ....................................................................... 12
Role of Supreme Court in Nation Register of Citizen ...................................................................... 13
CitizenShip Amendment Bill,2019 and NRC ....................................................................................... 14
Amendment to existing laws ............................................................................................................. 14
Criticism of Amendment Bill,2019................................................................................................... 15
Conclusion ............................................................................................................................................ 20
Bibliography ......................................................................................................................................... 22
INTRODUCTION

The National Register of Citizens (NRC) is a register showing names of all Indian citizens.
The register was initially made after the Census of 1951of Republic of India .The update
method of NRC initiated in 2013, after the order was passed by the supreme court of India for
updating and it is continuously monitored and observed by Supreme Court of India. The aim
of NRC update is identification of the Indian citizens from amongst all the residents of
Assam state thereby leading to identification of illegal migrants residing in Assam region,
who came to India after 24 March 1971 and to determine the citizenship of the people who
have applied for inclusion of their names within the updated NRC.

The NRC is currently being updated in Assam to incorporate the names of these persons (or
their descendants) that seem within the NRC, 1951, or in any of the electoral lists till hour on
March twenty four, 1971 or in any of the opposite permissible documents issued till hour on
March twenty four, 1971, which might prove their presence in Assam or anyplace in Bharat
on March twenty four, 1971 or earlier.

The aim of NRC update is identification of the Indian citizens from amongst all the residents
of Assam state thereby leading to identification of illegal migrants residing in Assam region,
who came to India after 24 March 1971 and to determine the citizenship of the people who
have applied for inclusion of their names within the updated NRC. In India, an illegal
immigrant is an individual residing in the nation without the consent of authority as
prescribed by the law. Those who are explicitly granted refugee status do not fall into this
category. For this purpose of preparation national register of citizen many amendment is
made to Citizenship of India Act,1955, this act governs the citizenship of the country and
people who are excluded from national register of citizen are “illegal immigrant” which is
defined under section 2(b) of the said act. The recent amendment bill for the purpose of
national register of citizen is proposed in 2016 (citizenship amendment bill, 2016) which will
be discussed later in this paper.

It is necessary to emphasise that the aim of the NRC is to spot solely Indian citizen and not
the first inhabitants of Assam state. Therefore, it classifies the residents of Assam state in two
categories. Firstly, people that have a inheritance of residence in Assam state through the
names on the electoral lists prepared before 25 march, 1971 or within the National register of
voters of 1951 or are descendants of such individuals. Secondly, if the person involved did
not reside in Assam state before 25 March, 1971, then Citizenship verification is completed
through interstate correspondence. The natural corollary is that if the names of the people do
not appear on national register of citizen then they are considered to be foreigners and are not
considered Indian citizen.

TITLE OF STUDY

A critical analysis of the Citizenship Amendment Bill, 2019 and National Register of Citizen.

LITERATURE SURVEY/REVIEW

Dr. Manju Singh’s book, “Politics of Migration” studies the politics surrounding Indian
emigration from the 19th century to the present day. Bringing together data and case studies
from across five continents, it moves beyond economic and social movers of migration, and
explores the role of politics―both local and global level.

“National Register of Citizens in Assam: Issue of illegal foreigners continues to be a

major political one” by G Seetharaman, is an article that talks about the background of the
concept and the various arguments that deals with illegal foreigners issue to be a major
political issue. This article has been very helpful in understanding the role of Supreme Court
with reference to the national register of citizens.

OBJECTIVES OF THE STUDY

 To understand the issue of illegal Immigrants in Indian state of Assam.

 To evaluate the role of Supreme Court in national register of citizens.

 To analyse the citizenship amendment bill with reference to NRC.

SCOPE OF THE STUDY

The scope is restricted to analysis of Citizenship Amendment Bill, 2019 in light of NRC
focusing on the issue of Illegal Immigration in Assam.

RESEARCH QUESTIONS

 What are the issues of illegal immigrants in Indian state of Assam?

  What are the problems related to NRC?

 What is the impact of Citizenship Amendment Bill, 2019 on NRC?

RESEARCH HYPOTHESES

With regard to the Citizenship Amendment Bill, 2019 many factors have played an essential
role. Lack of proper implementation and awareness is a huge problem that potentially drives
the NRC process in a negative direction. Moreover, the Citizenship Amendment Bill, 2019 is
violative of the spirit of secularism enshrined in the Constitution of India.
ILLEGAL IMMIGRATION IN INDIAN STATES

ASSAM

In Assam agitation and protest against illegal immigrants started in early 1979 which was
headed by all Assam student union. AASU demanded to stop the entry of immigrants and
expulsion of illegal immigrants already settled. Gradually the protest become violent and
violence took place between Asians, Bengalis and Muslims. It inevitable prompted the Nellie
mass killing in 1983. In 1985 an arrangement was made with the leaders of all Assam student
union by the Indian government to stop agitation. This arrangement was known as The
Assam Accord. After this arrangement a fence was constructed along the Assam-Bangladesh
border. In Assam it was hard to recognize illegal immigrant i.e. Bangladeshis and Bengali
speaking people from nearby peoples. In this scenario certain cases of discrimination were
reported against genuine Indian citizens. After 1991 census demographic borders were made
and geographic distension of district became more visible. In 1998 BJP govt. came first time
in centre and initiated the project of indo Bangladesh boundary to stop illegal immigration
and illicit trade along the borders of the nation. The project aims to improve the existing
barriers in Assam region and to cover West-Bengal, Tripura and Mizoram.

WEST BENGAL
Apart from Assam, west Bengal is also suffered from this issue illegal immigration.
According to report published by the state govt. of west Bengal, illegal immigrants from
Bangladesh have entered and settled in west Bengal including Nandigram. These illegal
immigrants are share croppers with the help of leftist leader but these illegal immigrants have
lacked the documents to prove their ownership of land. Again and again the government of
Bangladesh has refused to admit about illegal immigrants. After the census of 2001, it was
discovered that the influx of illegal immigrants in west Bengal has reduced.

KERALA
Kerala is situated 2500 km away from Bangladesh, although illegal immigrants from
Bangladesh have travelled and settled in Kerala due to favorable wages of semi and unskilled
laborers and also due situation of Muslim population in state of Kerala. According to
published reports Kerala police have put considerable efforts to control the inflow of illegal
immigrants from Bangladesh. State intelligence officials stated that large number of illegal
immigrant workers in Kerala claimed to come from West Bengal and Assam which were
actually from Bangladesh. In August 2016 Anti-nationalist practices were seen where a local
of West Bengal was arrested for offence of disrespecting national banner and later the person
was found to be Bangladeshi (illegal immigrant).
THE NATIONAL REGISTER OF CITIZENS OF INDIA (NRC)

National register of Citizen is a register which contain names of the people who are citizen of
India. The people who have provide the proof of being Indian citizens their name appears on
the list. National Register of citizen was first published in 1951 after the census of 1951. The
final draft of National register of citizen is published on 31st August, 2019 in which 3.11
crore applicants are recognized as Indian Citizen and excluded 19.07 lakh people.

Background

In the nineteenth and twentieth century’s, Colonial province of Assam (1826–1947)

witnessed migration from varied provinces of British India particularly when the Yandabo
written agreement (signed on twenty four February 1826). And this led to large number of
migration from east Pakistan now Bangladesh which led to a perceptible modification
within the demographic pattern in some districts of the Province of Assam. The liberal angle
of the Colonial authorities more inspired the continual arrival of peasants from geographical
area of Bengal to province of Assam in search of fertile lands.

In 1931, in census report the Superintendent of census Mr. C.S. Mullan stated that :

“Probably the most important event in the province during the last 25 years- an event,
moreover, which seems likely to alter permanently the whole feature of Assam and to
destroy the whole structure of Assamese culture and civilization has been the invasion of a
vast horde of land-hungry immigrant”1

In 1950, the number of illegal immigrant reached a high figure so the Government of India
introduced the Immigrants (Expulsion from Assam) Act, 1950 and came into force on 1st
March,1950. The objective of the act was to identification of illegal immigrants and deport
them back to their nation .After this act the National Register of citizen was prepared in
state of Assam with the 1951 census. Unfortunately this step against illegal migrants too
suffered a significant blow because of the actual fact that solely from October 1952
forwards the rules of passport and visa became operational between Republic of India and
West Pakistan. Further, "the definition of a foreigner to hide a West Pakistan national was
solely clearly corn out with the modification of the Foreigners Act 1946 in 1957".

1
Politics of Migration by Dr.Manju Singh, Anita Publications, Jaipur, 1990, Page 59
The government of India in 1965 with the state government speed up the process of
completion of National Register of Citizen and to issue cards i.e. National Identity Cards to
Indian citizens, which ultimately help in identification of illegal immigrant in state but the
idea issue of identity cards was dropped due to its impracticability. In 1976, Government of
India issued a notice which allowed migrant to stay in Assam who have migrated prior to
march 1970.

From 1948 to 1971, there have been a massive number of migrations from East Pakistan
(now Bangladesh) to Assam. This inflow of illegal immigrants led to protest by Student
leaders in 1979 demanding deportation of such illegitimate migrants from Assam and
detention thereto. This movement was historic for the future of Assam and its Citizens, the
movement was known as Assam Agitation. The movement was started by All Assam
Student Union and All Gana Sangram Parishad which continued for 6 years. This movement
is considered to be the largest mass movement held by students. The protest ended by
signing of Memorandum of Settlement known as Assam Accord. The MOS was signed by 3
parties i.e. All Assam Student Union, central Government and State Government dated 15th
august, 1985.
The agitation came to end by signing of the accord. The accord implemented clauses for the
purpose of illegal immigration issue. According to the Assam accord, 1st Jan 1966 was set as
base date for the purpose of detention and deletion of illegal immigration from state of
Assam. Accord permitted citizenship to all persons residing in Assam from Specified
Territory before base date. Further it states that provision of Foreigners Act,1946 shall be
applicable on all persons came to Assam prior to 1st jan,1966 to 24th march,1971. And name
of such person shall be deleted from electoral roll. Foreigners residing in this area have to
register themselves with Registration officer of respective districts according to the provision
of Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939.
People coming after 25th march 1971 shall be detected and deported according to the law.
However, the signing of the accord does not actual helped in detection and expelling of
illegal immigrant from Assam. Officially the process never took place. Ultimately in 2013 a
writ petition was filed before Supreme Court of India by Assam Public Works and Assam
Sanmilita Mahasangha & Ors Assam Public Works2 and Assam Sanmilita Mahasangha &
Ors. The bench was head by Justice Ranjan Gogoi and Justice Rohintan Fali Nariman,

2
(2015) 3 SCC 1
Direction were given to the Centre Government as well as State Government for expeditious
updating National Register of citizen in accordance with Citizenship Act, 1955 and The
Citizenship Rules, 2003.

Criteria for Inclusion in National Register of Citizen

The Government of Assam and Supreme Court have provide certain guidelines for the
purpose of inclusion in National Register Of Citizen on the official website of NRC, the
criteria is stated below:
• Persons whose names appear in NRC, 1951.
• Persons whose names appear in any of the Electoral Rolls up to 24th March
(midnight), 1971.
• Descendants of the above persons.
• Persons who came to Assam on or after 1st January 1966 but before 25th March 1971
and registered themselves in accordance with the rules made by the Central
Government with the Foreigners Registration Regional Officer (FRRO) and who have
not been declared as illegal migrants or foreigners by the competent authority.
• Persons who are original inhabitant of Assam and their children and descendant who
are citizens of India provided the citizenship of such personas is ascertained
reasonable doubt by the registering authority.
• ‘D’ voters can apply for inclusion of their names in the updated NRC. However, their
names will. Be finally included only when the appropriate Foreigner Tribunal declares
them as non-foreigners.
• Persons who can provide any one of the documents issued upto midnight of 24th
March, 1971 as mentioned in the list of documents admissible for citizenship.

As per the latest Order of the Hon’ble Supreme Court

• All Indian Citizens including their children and descendants who have moved to
Assam post 24th March 1971 would be eligible for inclusion in the updated NRC on
adducing satisfactory proof of residence in any part of the country (outside Assam) as
on 24th March, 1971.
• All the members of the Tea Tribes shall be covered under ‘Original inhabitants of
Assam’ category provided for under Clause 3(3) of the Schedule of The Citizenship
(Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
 • All such original inhabitants shall be included on the basis of proof to the satisfaction
of the Registering Authority. On establishment of the citizenship of such persons
beyond reasonable doubt, their names shall be in the updated NRC.3

Role of Supreme Court in Nation Register of Citizen

For good or for the bad, the Supreme Court willingly decided to oversee the process of
updating the national register of citizens which aims at identification of Indian citizens who
residing in Assam according to the citizenship Act 1955. In 2009 public interest litigation
was filled by Assam Public Works and since then from December 2014 the court is
monitoring the process of updating NRC and identifying the genuine Indian citizens and
illegal immigrants. (Assam Public Works v/s Union of India4).
The process of updating National Register of citizens has been come with its problems. The
first draft of National Register of Citizens was published in December 2017 which included
only 1.9 crore names which is less than 60 percent of state’s population. This publication
leads to massive panic which was controlled on the promise that more names will be added
and yet to be published. The procedure adopted to decide the claim of legitimate has been
dodged to say the least. Many question has arises like non-transparency in procedure,
allegation against presiding judge, Justice Ranjan Gogoi (hailing from Assam) of biasness. In
the process of updating NRC has been unfolded.
The latest draft of updating the National Register of Citizens has been published on 30 th
August 2019 which included 3.11 crore people of Assam and excluded 19.07 lakhs of people.
The court by entertaining Public Interest Litigation has over reached on the matter of
National Register Citizens which has led to discarded procedure caused grievous injury to
vulnerable communities and diminished its own creditability

3
http://www.nrcassam.nic.in/eligibility-criteria.html
4
WRIT PETITION (CIVIL) NO.274 OF 2009
CITIZENSHIP AMENDMENT BILL, 2019 AND NRC

For updating the National register of citizen may attempt have been made and Citizenship
amendment bill,2019 is one of the attempts for the purpose of NRC. Attempts have been
made to redefine the definition of Illegal migrants and so on. The citizenship Amendment
bill, 2019 was introduced in the lower house of Parliament i.e. Lok Sabha. The purpose of
this bill is make changes in present laws of Citizenship of India Act of 1955. The bill aims to
allow people from six religions and three countries to become eligible for making application
for citizenship of india.
The Citizenship of India Act, 1955 restrain from granting citizenship to illegal immigrants.
Illegal migrants have been defined under section 2(b)5 of the Citizenship of India Act, 1955.

Amendment to existing laws

The Citizenship (Amendment) bill, 2019 will make certain changes to pervious laws which
are as follows:-
According to the section 2 (b) of Citizenship of India Act,1955 prohibits acquiring citizenship
to illegal migrants. The amendment will exempted certain class of people of certain religious
community and countries to fall under illegal migrants. The people included are people
belonging to Hindu, Sikhs, Parsis, Jains, Buddhists and Christians from Afghanistan,
Bangladesh and Pakistan. Further, the affected under this proviso or pending proceeding
against such person then he can apply for naturalisation under section 66.

The citizenship of India Act, 1955 provides section 7A, section 7B, Section 7C, Section 7D
for Overseas Citizenship. Early Overseas Citizenship can be obtained by foreigner by

5
A foreigner who has entered into India― (i) without a valid passport or other travel documents and such other
document or authority as may be prescribed by or under any law in that behalf; or (ii) with a valid passport or
other travel documents and such other document or authority as may be prescribed by or under any law in that
behalf but remains therein beyond the permitted period of time
6
Citizenship by naturalisation.—
(1) Where an application is made in the prescribed manner by any person of full age and capacity 1[not being an
illegal migrant] for the grant of a certificate of naturalisation to him, the Central Government may, if satisfied
that the applicant is qualified for naturalisation under the provisions of the Third Schedule, grant to him a
certificate of naturalisation: Provided that, if in the opinion of the Central Government, the applicant is a person
who has rendered distinguished service to the cause of science, philosophy, art, literature, world peace or human
progress generally, it may waive all or any of the conditions specified in the Third Schedule.
(2) The person to whom a certificate of naturalisation is granted under sub-section (1) shall, on taking the oath
of allegiance in the form specified in the Second Schedule, be a citizen of India by naturalisation as from the
date on which that certificate is granted.
satisfying the ground given in Section 7A but now there is a ground for prohibition on grant
of Overseas Citizenship of India. It states that any person who has violated the law shall not
be allowed to register as Overseas Citizen of India. It provides that any person who has
violated the law of the country shall not eligible for registration for Overseas Citizenship of
India. Sub-clause is inserted i.e. section7D(da)7
Further, the third schedule is amended now the period for residence or service in Government
of India is decreased to 6 six years from 11 years.

CRITICISM OF AMENDMENT BILL

The amendment is criticised by the people on following grounds:

1) The amendment is discriminatory on the ground of religion.
2) The amendment is discriminatory on ground of place of birth.
3) It violates Article 14 of Constitution of India.
4) The amendment changes the demographics of Assam and violated the Assam accord.

The amendment provides that the people belonging to Sikhism, Hinduism, Jainism,
Buddhism, Parsis and Christianity are exempted from illegally immigrants under section 2(b)
of Citizenship of India Act,1955.
The bill makes discrimination by reducing the time for residence in India for acquiring
citizenship through Naturalisation.

The bill is inclined toward certain minorities communities like Sikhism, Hinduism, Jainism,
Buddhism, Parsis and Christianity and ignoring the muslim community for the purpose of
acquiring citizenship to migrants. This is religious discrimination. Muslim migrants who are
interested in acquiring the citizenship of this country are ignored and limiting the citizenship
to non-muslim communities only. This leads to religious discrimination by the bill.
In country like India where secularism is basic structure of its constitution such piece of
legislation is considered a bad law. By making such law the fundamental of constitution is
violated and basic fundamental right of minority community is violated on ground on religion
which against the basic structure doctrine.

7
(da) the Overseas Citizen of India Cardholder has violated any of the provisions of this Act or provisions of
any other law for the time being in force as may be specified by the Central Government by notification
published in the Official Gazette; or”
The Constitution instead provides the following as one of the Directive:under article
388(Directive Principle of State Policy) provide for the welfare of the people.
The discrimination in the bill is twofold, firstly, on the basis of religion and secondly, on the
basis of region. The privileges are only provides to six community (Sikhism, Hinduism,
Jainism, Buddhism, Parsis and Christianity) of three nations (from Afghanistan, Bangladesh
and Pakistan.). people falling under the above category will be exempted from the definition
of illegal migrant under section 2(b) of citizenship of India Act,1955. Therefore, individual
belonging to other countries are unjust discriminated to acquire citizenship of India.
Such flagrant discrimination cannot be a simple mistake on the part of the legislation. It is
presumed that anything that becomes a Law and any provision established in the Statutes
approved by Parliament is a reflection of the real intention of the law-makers. Taking this
into account if we tend to analyze the proposals of the legislation during this bill puts serious
doubts concerning the intentions of the law-makers. Therefore, the Citizenship Amendment
Bill Act, 2019 violates Article 149 of Constitution of India.

Article 14 of the Constitution of India is part of basic structure doctrine. Right to equality is a
fundamental right which is not only available to the citizen but also to the non-citizens. This
article aims to eliminate discrimination in every sphere and helps in development of the
society and it’s individual. Article 14 helps to eliminate discrimination by making reasonable
classification for betterment of backward section of society. The citizenship Amendment
Bill,2019 aim to make a classification on the basis of religion and place of birth. Such
classification is violative of article 14 and such classification is not just and reasonable.
Moreover, the bill don’t explain about the classification of illegal migrant on the basis of
religion. And muslims from three countries will be excluded from national register of Citizen.
Article 15(4)10 of the Constitution of India provides that the state can make laws for the
betterment of SEBC’s or SC or ST.

8
The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a
social order in which justice, social, economic and political, shall inform all the institutions of the national life.
9
The State shall not deny to any person equality before the law or the equal protection of the laws within the
territory of India
10
Nothing in this Article or in clause (2) of Article 29 shall prevent the State from making any special provision
for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes
and the scheduled tribes
Article 26 11 of the Constitution of India provides certain right to the religious denominations.
Thus, the Constitution have many article incorporated for the protection of minority
community. But this amendment bill have violates many laws under constitution and
principle of natural justice. And arbitrary in implementing this amendment, which only favors
certain communities(non-muslim).

This bill is also criticized in Assam of several grounds:

1) The bill violated the arrangement of 1985 known as Assam Accord.
2) It provide legal entity to illegal migrant.
3) This bill has a negative effect of National register Of Citizen.
4) It is changing the demography of the Assam state.

The National Register of Citizens (NRC) is a register showing names of all Indiancitizens.
The register was initially made after the Census of 1951of Republic of India. It included
names of people settle in Assam before 24th march, 1971. The population of muslim from the
Bangladesh entered Assam and settle there. These people were illegal immigrants as no
permission from authority was taken to reside in State of Assam. The increase in the number
of muslim in this area led to protest by the student union and a settle or arrangement was
signed known as Assam Accord.

National register of citizen preparation was upheld for certain period, so the apex court under
a writ petition order the central government and State government for speeding up the process
of completion of NRC. Again the updating of NRC started in year 2013 under the strict
observation of Supreme Court of India. In year 2018 draft of the National Register Of Citizen
was published which excluded many lakh Peoples . on 30th August,2019 final draft is
released in which included 3.11 crore applicant and excluded 19.07 lakh people.
Violation of the Assam Accord- Between the representatives of the Government of India
headed by Rajiv Gandhi and the leaders of the Assam movement of the 1980’s signed a

11
Subject to public order, morality and health, every religious denomination or any section thereof shall have
the right
 To establish and maintain institutions for religious and Charitable purposes;
 To manage its own affairs in matters of religion
 To own and acquire movable and immovable property; and
 To administer such property in accordance with law
Memorandum of Settlement on the Independence day of the year 1985 in New Delhi and the
Assam Accord came into existence.

Violation of the Accord- The accord was signed between three parties i.e. Government of
India, State government and student Union (All Assam Student Union) in year 1985. The
accord was the result of six year long protest by the student union of the state. The Student
Union demanded for identification of illegal migrants and deportation of the same migrants
as htere was great increase in the number of muslims in the state who have came from east
Pakistan (now Bangladesh). Accord provided that the people who reside in Assam after 25th
march, 1971 shall be deprived of right of citizenship of India. The aim of Assam Accord is
cited in clause 6 of the Accord 12

This Citizenship Amendment bill, 2019 is defeating the purpose of National register of
Citizen. The main of Accord was to deport the illegal migrants of Bangladesh from Assam
but the bill objective is in direct contravention with accord as it provides for legitimate
citizenship to illegal migrants also. Thus, violating the Assam Accord Specifically clause 6of
Assam Accord.
Large number of people inflow of illegal migrants from East Pakistan (now Bangladesh) into
Assam. The Bill provided citizenship to such migrant who were earlier considered illegal
migrant. The citizenship is provided on the basis of religion to certain community group this
type of classification in country like India is against the spirit of democracy and secularism.
The concerned regarding the bill shall not be limited to people of Assam but to entire nation.
The bill will favor certain people who have danger of being persecuted in their own country.
The main contention here that why the Government of India is classifying illegal migrants on
the basis of religion. Why muslim community is left out or excluded from the list of National
Register of Citizen and also for getting citizenship of India.

Assam is a state which has about 20 lakh illegal Hindu migrants. If the bill is given assent
almost 1.70 crore Banglasdeshi Hindus will migrate to the state. If these people are given
legitimate and legal citizenship it will change the demography of Assam all together. This
shall violate Clause 6 of the Assam Accord which aims at protecting the social fabric of the

12
Constitutional, legislative and administrative safeguards, as may be appropriate shall be provided to protect,
preserve and promote the culture, social, linguistic identity and heritage of the Assamese people
state by maintaining its religious, cultural and linguistic identity.

Assam is a state where 20 lakh illegal migrants belonging to Hindu community are residing,
giving assent to the bill will allow 1.70 crore Bangladeshi Hindu to migrate to Assam and this
will change the demography of the State. And this will also violates the Clause 6 of the
Accord which aims to protect the social fabric by maintaining cultural, religious and
linguistic identity.
CONCLUSION

The issue of illegal immigrants plagues every nation in its own way. It is not uncommon for
citizens of neighboring nations to migrate to a more advanced and progressive economy for
better prospects. In the case of Indians, a good section of Muslims, who have migrate from
Bangladesh are facing problem related to nationality. The NRC issue relates to this problem,
the Muslims in these parts tend to be questioned more often than Hindu, however, every
citizen has his / her own hardships when it comes to the NRC procedure.
While the process is quite detailed on paper, the issues arise when it comes to
implementation. Especially in case of adducing documentation, these areas being far from
urban areas, many times there is a lack of awareness. And it is due to this that several
persons, even Indian citizens, fail to produce these documents as they were never issued to
them. This is a huge problem that can potentially drive the NRC process in a negative
direction. Instead of curbing the issues of illegal immigration, we might be putting our own
citizens in fear and danger.
With India it is a case of citizenship, not ethnicity. It is the ‘illegal’ immigrants that are to be
identified. But such identification itself has become a problem. While critics are speaking of
further ramifications and what these Bangladeshis would have to endure, the problem arises
on the preliminary stage of identification. If the government can adopt different methods
and measures to deal with these issues, the NRC can be an effective means to curb illegal
immigration. However, keeping politics and governance aside, it would not be consider this,
as a political or administrative issue, but as a human rights matter.

With regard to the Citizenship Amendment Bill, 2019 many factors have been playing their
part. If what is being done here and what are the real aims and objectives of the Government
to even propose such a legislation one has to read be between the lines. The Government
which is inspired by the RSS’s ideology of a Hindu Rashtra or a Hindu nation has brought
about this legislation. This piece of legislation very cleverly shuns out the Muslims of the
country and puts them in a nonexistent state as if there are no rights available to them. On the
other hand it has given an alarmingly liberal and lenient treatment to people coming from
Hindu religious background. In order to cover up such blatant exclusion of Muslims from the
basic sphere of rights it has also included other religious groups in the legislation like the
Buddhists, Jains, Christains, Sikhs etc. The Bill is a striking violation of Article 14 of the
Constitution which is considered as being a part of the basic structure of the Constitution.
Departing from the basic structure of the Constitution is something which should not be taken
lightly by any Indian. In order to understand the root cause one has to read between the lines
and understand what powers are play. The rights of one particular class of people shall not be
granted or denied on the basis of their religious background.
At the very onset of our Constitution in the Preamble India is listed as Secular state. It means
that the state shall not promote or harass any particular religion, but here the policies of the
present Government have come at loggerheads with the Preamble itself.
Also the Government has diverged from the path laid down Chapter IV of the Constitution
which states that the State must function in a manner to empower and uplift its citizens of the
nation.
Therefore due to the following reasons the author believes that the Bill should not be passed
by the parliament in order to maintain social order and tranquility in the nation.
BIBLIOGRAPHY

Books
 Dr. Manju Singh, Politics of Migration, Anita Publication(1991)
 M.P. Jain, Constitution Law, Lexisnexis(2018)
Articles
 National Register of Citizens in Assam: Issue of illegal foreigners continues to be a
major political one, G Seetharaman.
Documents
 Assam Accord,1985
 Census of India 1951