What Is The CAA-NPR-NRC Link - (Explainer) PDF

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What Is The CAA-NPR-NRC Link?[Explainer]

Live Law Research Team 27 Dec 2019 8:30 AM
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12/27/2019 What Is The CAA-NPR-NRC Link?[Explainer]
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SHARES
A bare reading of 2003 Citizenship Rules reveals that NPR lays the
foundation for NRC.
In the wake of country wide protests against the Citizenship Amendment Act, 2019
(CAA), Home Minister Amit Shah recently said that there was no connection between
National Population Register (NPR) and the National Register of Citizens (NRC). The
remarks came on the same day when Union Cabinet approved allocation of Rs. 3941.35
crores for NPR.
In this backdrop, let us see if there is any link between NRC and NPR on the basis of the
existing legal framework governing them.
Also Read - Citizenship & NRC : 10 Questions & Answers
What is NPR?
NPR means the "National Population Register", which has its base in the rules framed by
the Central Government under the Citizenship Act, 1955 in 2003 called the Citizenship
(Registration of Citizens and Issue of National Identity Cards) Rules, 2003. Incidentally,
these are the same rules which give legal framework for National Register of Indian
Citizens as well (more on this below).
Also Read - 'CAA Unconstitutional, Divisive' : Former Students Of NLSIU, NUALS
Release Statements [Read Statements]
Rule 2(l) of these Rules de ne 'Population Register' as :
"Population Register means the register containing details of persons usually residing in
a village or rural area or town or ward or demarcated area (demarcated by the Registrar
General of Citizen Registration) within a ward in a town or urban area;"
The O ce of the Registrar General & Census Commissioner describes NPR as "a register
of usual residents of the country." An usual resident for the purpose of NPR is a person
who has resided in a place for 6 months or more and intends to reside there for a period
of another 6 months or more.
The following demographic details of every individual were taken for NPR in 2010 :
Name of person
Relationship to head of household
Father's name
Mother's name
Spouse's name (if married)
Sex
Date of Birth
Marital status
Place of birth
Nationality (as declared)
Present address of usual residence
Duration of stay at present address
Permanent residential address
Occupation/Activity
Educational quali cation
Who prepares the NPR?
The preparation of the NPR is carried out under the aegis of the Central Government.
Under Rule 3(4) of the 2003 Citizenship Rules, the Central Government can decide the
date by which the NPR should be prepared. The data for National Population Register
was rst collected in 2010 alongwith the houselisting phase of Census of India 2011.
The updation of this data was done during 2015 by conducting door to door survey.
On July 31, 2019, the Union Ministry of Home Affairs issued the gazette noti cation for
starting the information collection for NPR throughout the country (except Assam)
between April 1, 2020 to September 30, 2020. The Registrar General, India acts as the
National Registration Authority for NPR. Incidentally, the same o cer also functions as
the Registrar General of Citizen Registration for NRC.
What is the difference between NPR and Census?
Census is an exercise carried out under the Census Act, 1948. Census data is based on
self-declaration made by the persons without veri cation.
NPR is carried out as per the 2003 Citizenship Rules. Under these Rules, it is compulsory
for a person to share the demographic data for preparation of NPR. Therefore, these
Rules have a coercive element, as they penalize non-cooperating persons with nes and
penalties.
Failure to comply with the NPR data collection can expose one to penal consequences
under Rule 17.
It may be noted that both these processes are carried under the supervision of a single
o ce : the O ce of Registrar General of India and Census Commissioner.
What is NRC/NRIC?
NRC/NRIC means National Register of Indian Citizens.
This has its base in Section 14A of the Citizenship Act, which says, among other things,
that:
1. The Central Government may compulsorily register every citizen of India and issue
national identity card to him.
2. The Central Government may maintain a National Register of Indian Citizens and for
that purpose establish a National Registration Authority.
Rule 3(1) of the 2003 Rules states that the Registrar General shall establish and maintain
the National Register of Indian Citizens.
The National Register of Indian Citizens will be divided into sub-parts consisting of the
State Register of Indian Citizens, the District Register of Indian Citizens, the Sub-district
Register of Indian Citizens and the Local Register of Indian Citizens.
Is there any link between NPR and NRC?
A bare reading of 2003 Rules reveals that NPR lays the foundation for NRC.
The NRC will contain the details of the persons after "due veri cation made from" the
NPR. This is clear from Rule 3(5), which says :
"(5) The Local Register of Indian citizens shall contain details of persons after due
veri cation made from the Population Register".
For making NRC, the particulars entered in the NPR is rst veri ed by the Local Register
of Citizens as per Rule 4(3). Following this veri cation, the NRC is nalized, after
removing 'doubtful citizens'.
The Rules give power to the Local Register to mark 'doubtful citizens' after the
veri cation of NPR particulars.
Rule 4(4) says:
"During the veri cation process, particulars of such individuals, whose Citizenship is
doubtful, shall be entered by the Local Registrar with appropriate remark in the
Population Register for further enquiry and in case of doubtful Citizenship, the individual
or the family shall be informed in a speci ed proforma immediately after the veri cation
process is over."
The 'doubtful citizens' are given an opportunity of hearing before removal. After that, a
draft NRC for the local area is published. People are granted even opportunity to raise
objections against inclusions in the NRC.
Following this, the nal NRC is published.
It is also pertinent to note that both NPR and NRC are under the same o ce (The
Registrar General of India functions as the Registrar General of Citizen Registration).
Is NPR the rst step for NRC?
It is not necessary that NPR will lead to NRC. As stated above, NPR was rst made in
2010 and updated in 2015. This was not followed by NRC.
However, the preparation of an NRC as per the 2003 Rules can be done only after NPR.
So, NPR is a necessary pre-condition for NRC.
The present dispensation has on many occasions expressed its intention to bring in
nationwide NRC. Even during the Parliament discussion of the Citizenship Amendment
Act, 2019, Home Minister Amit Shah had spoken about the intention to prepare
nationwide NRC.
Several statements of the government, as made in press releases, replies in Parliament
and documents of Census department, indicate that NPR 2020 is intended as the rst
step for NRC.
There are reports that the questionnaire for the 2020 NPR is different from the 2010 NPR.
The 2020 NPR 'Schedule' asks about details of date of birth and place of birth of one's
parents, in addition to the details sought in the 2010 NPR(mentioned above). The
citizenship status of one's parents is a determining factor for citizenship by birth after the
1987 and 2003 amendments to Citizenship Act 1955. This could be an additional factor
showing a nexus between NPR and a possible NRC.
Why is NRC problematic?
The idea of asking a person who had been residing in India for several years to prove
citizenship before administrative authorities on the basis of documents can be
problematic at implementation level.
This can lead to bureaucratic high handedness and arbitrariness, especially when a large
section of Indian population is uneducated and backward.
The recently concluded Assam NRC process, which excluded nearly 2 million persons, is
an example. There are reports that the process was riddled with aws, leading to
arbitrary exclusions.
The 2003 Rules also create a category of "doubtful citizen" (See Para 4.3) - a bizarre
category that is inherently subjective and open to administrative interpretation. There are
no guidelines mentioned as to how this unfettered discretion to mark 'doubtful citizens' is
to be exercised.
The Rules themselves say nothing about what happens if you are found to be doubtful.
But the amendments made to Foreigners (Tribunals) Order 1964 in 2019 empower a
District Magistrate to refer a 'doubtful citizen' to a Foreigners Tribunal.
Another provision in the Rules which can lead to a lot of hassles is Rule 4(6)(a), which
enables any person to le objections against the inclusion of any person in the Local
Register of Citizens. This can be a problematic provision, with a lot of possibilities of
abuse.
Foreigners Tribunals are quasi-judicial bodies where executive o cers, without formal
judicial training, act at the helm. There are reports of Foreigners Tribunals acting casually
and callously, to pass orders without reasons.
As per the present law, the burden will be on the individual to prove citizenship.
So, the consequences of any wrongful exercise of discretionary powers of the NRC
o cials could be drastic : the de-legitimization of a person.
It can be devastating for a majority of Indians in inverse order to their proximity to
privilege, paperwork and social power.
Since there is no o cial noti cation regarding NRC, it is premature to talk about what
documents may be su cient to prove citizenship. Yet, the framework of the NRC Rules
place an individual at the mercy of administrative o cers, who can put one to a lot of
hassles and hardship by arbitrary exercise of powers.
Is there any link between CAA and NRC?
There is no apparent link between CAA and the NRC.
But there were remarks by the Amit Shah during campaign for 2019 elections that the
Government will bring NRC, which will be followed by the CAA in the order of chronology.
When the protests against CAA intensi ed across the nation, Prime Minister Narendra
Modi said on Sunday that there was no discussion on NRC.
CAA may come in aid of at least a section of persons who may happen to get excluded
from a possible nationwide NRC, in case they prove that they are non-Muslim migrants
who had ed religious persecution from Pakistan, Bangladesh or Afghanistan, and that
they had entered India before December 31, 2014. The possible impact of CAA on the
Assam NRC list is also a matter which will be highly discussed.
[With inputs from Gautam Bhan, teacher/activist and author of "In the Public's Interest:
Evictions, Citizenship and Inequality in Contemporary Delhi (2016)".]
TAGS CITIZENSHIP AMENDMENT ACT 2019 #NATIONAL REGISTER OF CITIZENS #NRC CAA
NPR NATIONAL POPULATION REGISTER NPR-NRC
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What Is The CAA-NPR-NRC Link - (Explainer) PDF

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12/27/2019 What Is The CAA-NPR-NRC Link?

TOP STORIES NEWS UPDATES COLUMNS INTERVIEWS FOREIGN/INTERNATIONAL

ENVIRONMENT RTI KNOW THE LAW VIDEOS 

What Is The CAA-NPR-NRC Link?[Explainer]

crores for NPR.

existing legal framework governing them.

Also Read - Citizenship & NRC : 10 Questions & Answers

Citizens as well (more on this below).

Also Read - 'CAA Unconstitutional, Divisive' : Former Students Of NLSIU, NUALS

Release Statements [Read Statements]

Rule 2(l) of these Rules de ne 'Population Register' as :

of another 6 months or more.

Relationship to head of household

Spouse's name (if married)

Nationality (as declared)

Present address of usual residence

Duration of stay at present address

Permanent residential address

Educational quali cation

Who prepares the NPR?

the Registrar General of Citizen Registration for NRC.

What is the difference between NPR and Census?

self-declaration made by the persons without veri cation.

under Rule 17.

o ce : the O ce of Registrar General of India and Census Commissioner.

NRC/NRIC means National Register of Indian Citizens.

national identity card to him.

that purpose establish a National Registration Authority.

the National Register of Indian Citizens.

Register of Indian Citizens and the Local Register of Indian Citizens.

Is there any link between NPR and NRC?

NPR. This is clear from Rule 3(5), which says :

removing 'doubtful citizens'.

veri cation of NPR particulars.

Rule 4(4) says:

objections against inclusions in the NRC.

Following this, the nal NRC is published.

Registrar General of India functions as the Registrar General of Citizen Registration).

Is NPR the rst step for NRC?

2010 and updated in 2015. This was not followed by NRC.

So, NPR is a necessary pre-condition for NRC.

Several statements of the government, as made in press releases, replies in Parliament

step for NRC.

showing a nexus between NPR and a possible NRC.

Why is NRC problematic?

citizenship before administrative authorities on the basis of documents can be

problematic at implementation level.

section of Indian population is uneducated and backward.

no guidelines mentioned as to how this unfettered discretion to mark 'doubtful citizens' is

District Magistrate to refer a 'doubtful citizen' to a Foreigners Tribunal.

Register of Citizens. This can be a problematic provision, with a lot of possibilities of

and callously, to pass orders without reasons.

o cials could be drastic : the de-legitimization of a person.

It can be devastating for a majority of Indians in inverse order to their proximity to

privilege, paperwork and social power.

hassles and hardship by arbitrary exercise of powers.

Is there any link between CAA and NRC?

There is no apparent link between CAA and the NRC.

Modi said on Sunday that there was no discussion on NRC.

Assam NRC list is also a matter which will be highly discussed.

NPR NATIONAL POPULATION REGISTER NPR-NRC

Citizenship & NRC : 10 Calcutta HC Directs Govt.

Citizenship Amendment Act Breaking : Gauhati HC Jamia Violence: Delhi HC