Prashant Bhushan is an advocate at the Supreme Court of India.
Conduct of Foreigners Tribunals in Assam is questionable
The fate of close to two million people excluded from the NRC in Assam rests with the Foreigners Tribunals. The constitutionality and conduct of these quasi-judicial bodies are questionable.
Over 1.9 million people have been excluded from the final National Register of Citizens (NRC) in Assam. The herculean executive exercise, mandated and closely monitored by the Supreme Court, has incurred a staggering expenditure of over Rs 1,200 crore and immeasurable cost in terms of human suffering and death. The buck now passes to the Foreigners Tribunals. The fate of close to two million people who have been excluded from the NRC rests with these one-man tribunals. The constitutionality of these quasi-judicial bodies — from the appointment of its members, arbitrary procedure for its functioning and the nature of its orders — have always been in question. Yet, the numbers of these tribunals are being increased, from the existing 100 to more than 200, to adjudicate upon citizenship claims. The Supreme Court recently ruled that the order of the Foreigners Tribunals will prevail over the NRC order on citizenship and declined to create an appellate forum for appeal from the tribunals.
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