A woman shows an NRC acknowledgment receipt to check her name in the final draft of Assam's National Register ... Read More

NEW DELHI: While there will be no change for now in the status of Assam's residents who do not figure in the final draft NRC , whether in terms of citizenship, voting rights or entitlement to government schemes and benefits, any failure to get a favourable order on their claims and objections and subsequent exclusion from the final list may cost them their political rights.

While the home ministry has made it clear that only a foreigners tribunal can declare a person 'foreigner', former legal adviser to the Election Commission (EC) S K Mendiratta is of the view that any person who is not in the final NRC list but still figures in the electoral rolls, can be classified as a 'doubtful voter' or 'D voter' even during the pendency of his case before the tribunal. 'D' voters do not have voting rights. "The EC has earlier listed voters without valid citizenship documents as 'doubtful' on its own accord. Now with a valid confirmation from the competent authority, there is no reason why those missing from NRC should also not be placed in the 'doubtful' category," said Mendiratta.

A senior EC functionary, while conceding that the status of those left out of the final NRC, as a 'voter' would have to be reviewed, indicated that a decision on declaration of such persons as 'doubtful' voters may be left to the foreigners tribunals. "EC will act as per direction of the foreigners tribunal on whether or not the aggrieved should be disenfranchised while his citizenship status is decided by the tribunal and subsequent courts of appeal," said an official.

Sources said another likely challenge is the possible migration of residents of Assam missing from the draft NRCto other states, apart from disposal of lakhs of cases likely to be filed before a mere 100 foreigners' tribunals operational in Assam. Even if up to 50% of the those missing from NRC are finally included based on claims and objections, the remaining number will still be large.

The official said a look at the social profile of those left out of final NRC draft only proved that the exercise was not targeted against a particular community, as alleged, and that it was a completely 'secular' exercise. He added that it was not surprising if any prominent person was excluded from draft NRC. "It is an application-based process and not driven by individual recommendations. If the application is not submitted along with adequate documents, it is bound to be rejected, irrespective of how prominent that person may be," an official pointed out.

The nearly 40 lakh persons left out of draft NRC have a month to put together their claims and objections along with documentary proof. Claims and objections can be filed from August 30, 2018, to September 28, 2018. An MHA notification on Monday said enumeration in connection with NRC updation would be completed by December 31.

