• Justification of NRC implementation procedures

My question is in regard to the procedures adopted in identifying illegal migrants in Assam through NRC update. The point is that people are asked to produce documents which are almost almost 48 to 70 years old, Now question is that in those days there was no compulsion under either politica/govermental or judicial involvement to acquire documentary evidence in support of citizenship as it has become so prevalent now-a-days like the way PAN or EPIC or AADHAR cards are being implemented with almost 100 percent success rate under the direct intervention of Government other agencies.And in case of NRC in Assam, Honorable Supreme court is taking extra care in the process of its implementaion.Whereas in those there was virtually no such effort either on the part of government or even judiciary system. Moreover illiteracy rate was high,life was simple,people were unaware of their constitutional rights and there was virtually no efforts on the part of government or even judiciary system as compared to recent times when even the honorable supreme court takes suo motto actions. Thus under such circumstances is it justified to ask documents from people when our states machinery/judiciary system was not geared to provide such documents and even if it was provided to very few, is it possible to keep and maintain such old documents intact. Moreover if NRC was implemented immediately after 1971 or 1985, the process would have been more justified . Even in Govt offices, documents are hardly available after 20/25 years and not to speak of 50/60, just see the case of raffle documents, can anyone challenge this NRC procedure adopted about its justification?
Asked 7 years ago in Constitutional Law

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6 Answers

Hi,

If you feel, you may file the writ in  High court. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Your writ petition against NRC procedure would be dismissed as it is being done as per SC directives 

Ajay Sethi
Advocate, Mumbai
99837 Answers
8148 Consultations

You can file a petition before High or Supreme court challenging the procedure the guidelines are made in direction of Supreme court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a writ petition in high court 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

You can approach High court in writ petition and challenge the same

Prashant Nayak
Advocate, Mumbai
34553 Answers
249 Consultations

The insistence of documentary evidences to prove themselves under the latest scheme is a a reformation method adopted by government,. If at one stage no corrective action is taken then it will continue to remain in the same manner with exploitation and fraudulent methods. Therefore it is not a question of justification but implementation of a scheme which should benefit everyone including the local citizens.

If at all you feel that the latest scheme is not justified and people are unnecessarily tortured or harassed, you may file a PIL in this regard before supreme court seeking relief and remedy.

T Kalaiselvan
Advocate, Vellore
90039 Answers
2498 Consultations

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