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Stephany Samantha Jackson
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5 How India identifies citizens Indian citizenship can be acquired by birth, descent, registration and naturalisation. 1. BIRTH A person domiciled in India as on November 26, 1949 = CITIZEN Born in India after the Constitution came into effect, the Citizenship Act, 1955, grants citizenship by birth based on birth dates. January 26, July 1, 1987 = citizen by birth = Citizen if either parents is a citizen 2004 onwards - Both parents are citizens or 1 is citizen and other is NOT illegal migrant

6 2. Descent 3. Registration Persons of Indian origin who have lived in India for 7 years Persons married to a citizen and lived in India for 7 years 4. Naturalisation Foreigner with no connection to India (marriage, descent etc) can become a citizen of India Stayed in India for 12 consecutive months preceding the date of application, and for 11 years out of the preceding the 14 years.

8 How is Assam different? Why a separate National Register of Citizens? MIGRATIONS - During British rule and after Independence Two major waves of migration came after British rule :- 1. After Partition, from East Pakistan (now Bangladesh) 2. The aftermath of the liberation of Bangladesh in Assam Accord - illegal migrants were to be identified and deported Clause 6A was inserted in the Citizenship Act with special provisions for Assam.

9 What are those provisions of Clause 6A? 2 cut-off dates January 1, 1966 and March 25, If someone entered Assam 1. Before 1966 Citizen 2. Between 1966 and Citizen, but voting rights after 10 years 3. After NOT a citizen Migrants who entered on any day between these two dates, and remained there, would need to register with a Foreigners Tribunal. For inclusion in NRC - applicants need to prove that they or their parents, grandparents were citizens before March 25, 1971

10 What was the mechanism for identifying migrants earlier? Illegal Migrants (Determination by Tribunal) Act, applicable only to Assam 2005, the Supreme Court struck down IMDT Act 2016 Citizenship (Amendment) Act to grant citizenship to religious minorities (mostly Hindus and including other non-muslims) from Pakistan, Bangladesh and Afghanistan who took shelter in India. Protests in Assam

11 Similar Issues in 1. Arunachal Pradesh - citizenship to Chakmas Tribe has been pending for decades.(opposed By State Government ) 2. In Kashmir, West Pakistan refugees are allowed to vote in national elections but not in Assembly elections.

12 The missing 4,007,707 GREY area / UNCHARTERED TERRITORY Can a democracy permit so many to be in a state of liminal (transitional) legality? Bangladesh not on board No bilateral agreement!! The NRC exercise will give definitive numbers of illegal immigrants a policy can be framed based upon that. SC - draft NRC can not be the basis of any coercive action against anyone. Citizenship is the right to have rights.

13 A tighter policy Monetary Policy Committee of the RBI raised the repo rate, by 25 basis points, to 6.5 % Rise in headline inflation - Q2-4.6% REASONS Increase MSPs for kharif crops for the sowing season - impact on food inflation Volatile crude oil prices and fiscal slippages both at the federal and state levels.

14 Globally, many central banks have been on a tightening course Philippines, Indonesia, Argentina, Brazil and Turkey Reason - $$ going up Could lowering of GST rates on 100 goods and services have a moderating impact on inflation?? IF firms pass on the benefits of lower rates to retail consumers.

15 Iran Besieged Deliberate US policy of : Escalating tensions with Iran Targeting its economy Supporting Iranian opposition groups all for the purpose of destabilising the Islamic regime.

16 Oil consumers are to eliminate Iranian imports by November 4. Backing a militant group - MEK (Moujahedin-e Khalq) Regime change before 2020? Risk of Iranian Revolutionary Guards acquiring more extensive powers after a military coup d'état. Israel and SA would want moderate govt of Iran to go. Economy at risk - Currency devaluation, rapidly rising prices for meat, medicine and other consumer products This will have a bigger impact on ordinary Iranians than the Iran deal

17 The limp arm of the law Limp = to move slowly and with difficulty Phrase - The long arm of the law

18 The President of India accorded his assent to the Prevention of Corruption (Amendment) Act, 2018, on July 26 One of the fundamental features of the amended act is Section 17A:- It bars an enquiry/investigation by any anti-corruption agency against a public servant in matters relatable to the discharge of his official duties, without the prior approval of the Centre/state government This provision would apply to all public servants, including the lowest rungs of administration. For ministers + former ministers - prior approval of the President.

19 Similar provisions were made in Delhi Special Police Establishment Act Section 6A. This provision was eventually declared null and void by the Supreme Court in 2014 Problems with Sec. 6A 1. Leakage of correspondence between the CBI and the central government 2. Inordinate delays in the response of the Centre to the requests of CBI to accord approval to carry out investigations Section 6A applied only to CBI cases + J.S. above officers But Now Section 17A is applicable to all public servants past and present and to all anti-corruption agencies (CBI + state anti-corruption bureaux) A former Chief Justice of India famously called the CBI a caged parrot.

20 Quid pro quo is now required to be established to prove criminal misconduct against a public servant - Quid pro quo >> VERY HARD TO PROVE The amended law also provides for the completion of trial by a special judge within a period of 2 years, extendable to four years in aggregate. What will happen if a trial is not concluded in four years??

21 Conclusion The amended law is public servant-friendly Concentrates the decision-making power with the government in matters of initiation of enquiries and investigations Powers of CBI and other agencies are diminished Prevention of Corruption (Amendment) Act, 2018 might help some honest public servants, but more than a few offenders will slip through the cracks.

22 Q.1 How many members are there in MPC of RBI? Q.2 What is the 5 th criteria for acquiring citizenship of India according to the Citizenship Act of 1955? Q.3 P5 + 1 signed a nuclear deal with Iran in Which is the +1 country? Answers tomorrow!

23 THANK YOU Dr. Mahipal Singh Rathore facebook.com/mahipalsinghrathore

National Register of Citizens of India

National Register of Citizens of India WHAT IS NRC? The National Register of Citizens (NRC), is the list of Indian citizens in Assam. It was prepared in 1951, following the census of 1951. The purpose