Author: Lawjure

Introduction

Man has been continuously struggling for the maintenance of justice. In democratic systems, justice is given the highest place. One of the most important functions of states is to ensure justice to their citizens. Every state must always possess the capability to administer justice according to its legal system. Even in ancient states, one of the primary duties of rulers was to guarantee justice to their subjects. Justice is one of the most important moral and political concepts. The word comes from the Latin jus, meaning right or law. … Aristotle says justice consists in what is lawful and fair, with fairness involving equitable distributions and the correction of what is inequitable. Concept of justice is as old as the political theory itself. Different interpretations are given to justice from time to time. Some writers regard justice as virtue while others hold it for equality’ Some consider it as rule of law’. Justice is not only an integral part of political but also of ethics, law, philosophy, etc.

Meaning of Justice

In the most typical terms, justice is an ideal representing something that’s just and right. It primarily means being just, impartial, honest and right. what’s just could rely upon the context, however, its demand is important to the thought of justice. For example, the natural law school of jurisprudence believes that justice means that the implementation of nonsecular laws. On the opposite hand, modern jurisprudence says justice suggests that the implementation of ideas like equality and liberty. However, in each of these examples, justice just suggests that social control of what the law perceives to be right. In the modern context, justice primarily suggests that the popularity and implementation of laws created by legislatures. furthermore, within the modern context, in contrast to ancient states, this performance lies largely on judicial organs. According to Salmond, laws are the bodies of principles that tribunals acknowledge and apply whereas administering justice. Even Roscoe Pound defines laws to mean principles that public tribunals acknowledge and enforce. Therefore, justice generally means the recognition, application, and enforcement of laws by courts. this is often totally different from the understanding of justice within the ancient period when it was given a religious and moralistic meaning. Justice is the most important and most discussed objective of the State, and Society. It is the basis of orderly human living. Justice demands the regulation of selfish actions of people for securing a fair distribution, equal treatment of equals, and proportionate and just rewards for all. It stands for harmony between individual interests and the interests of society. Justice is of central importance to political theory. In defending or opposing laws, policies, decisions and actions of government, appeals are made in the name of justice. Persons involved in every agitation for securing their interests always raise the slogan: “We want Justice”. All civil rights movements are essentially movements for justice

Types of Justice

Distributive justice

Distributive justice, also referred to as economic justice, is regarding fairness in what people receive, from goods to attention. Its roots are in social order and it’s at the roots of socialism, wherever equality may be a fundamental principle.If people don’t assume that they’re obtaining their fair share of something, they will look for first to achieve what they believe they deserve. they’ll well also seek other kinds of justice.

Procedural justice

The principle of fairness is additionally found within the idea of fair play (as hostile the justifiable share of distributive justice). If people believe that a fair method was utilized in deciding what it to be distributed, then they may well accept an imbalance in what they receive as compared to others. If they see each procedural and distributive injustice, they’re going to likely seek restorative and/or retributive justice.

Restorative justice

The first factor that the betrayed person could seek from the betrayer is a few forms of restitution, putting things back as they ought to be. The simplest form of restitution could be a straightforward apology. Restoration means that putting things back as they were, therefore it’s going to include some act of contrition to demonstrate one is really sorry. this might include action and even extra payment to the offended party. Restorative justice is additionally known as corrective justice.

Retributive justice

Retributive justice works on the principle of punishment, though what constitutes fair and proportional penalization is widely debated. whereas the intent may be to dissuade the offender or others from future wrong-doing, the re-offending rate of the many criminals indicates the limited success of this approach. Punishment in practice is more concerning the satisfaction of victims and those who care regarding them. This strays into the realm of revenge, which might be repeatedly more severe than reparation as the hurt party seeks to make the opposite person suffer reciprocally. In such cases ‘justice’ is often outlined showing emotion rather than with intent for fairness or prevention.

Conclusion

We can conclude that justice is concerned with human welfare and the protection of reasonable interests. It can be experienced only when each citizen will perform his duties in the right perspective. A just society is a society where every individual gets legal. Political, social, economic justice. For every just society, there should be a proper combination of equality liberty, and justice. Because there is a close relationship between them and in the last individual is the subject matter of these concepts.

About the author –

This article is authored by Prabhjot Singh, third year B.B.A. LL.B. (H) student at Galgotias University, Greater Noida.

Facts of the Case

In 1945 the Lee formed the company named Lee’s Air Farming Ltd. Mr. Lee was the sole managing Director of the company which was incorporated by him.

Lee Being the managing director of company he appointed himself as a pilot of the company and he was employed by the company as its chief.
In March 1956 Lee died in a flying accident when he was going for a business of the company.

Lee exercised unrestricted power to control the affairs of the company and made all the decision relating to contract of the company.
Company entered into various contract with insurance agencies for insurance of the employees.

The personal policies taken by Lee on his name in which some of the premiums of policies were paid from bank account of the companies but afterward it was debated in the lee account in company book.
Mrs. Lee sued for compensation as the widow of the worker under New Zealand worker Act 1922. In which she said lee was employee of a company.

Issue Raised in the Case

Mrs. Lee was able to claim the compensation, under compensation act 1922?

Respondent Company claimed that as Lee was the owner of company and lee was having maximum number of share in the company due to which he was not employee of the company so Mrs. Lee is not entitled for compensation.

Respondent claimed that Mr. Lee couldn’t be owner of the company because there is no relation of master and servant between him and company.

Would the decision have been different if he was killed carrying out more directorial task?
Was there have Separate Legal entity?

Relevant Law and Principle

The law was focused in this case was Separate Legal Entity and workers compensation Act 1922.

Argument of the Case

The insurance company argued that Mr. Lee was the governing general director of company and have maximum number share in the company so he can’t be an employee in company.

Respondent argued that a worker was defined as any person who has entered into or work under a contract of service with a company as an employer but Mr. Lee was director of the company.

Mrs. Lee argued that she is capable for the compensation under the under New Zealand worker Act 1922.
Appellant also argued that his husband died when he was going for the work of company
Appellant also defending respondent argument said that Mr. Lee is also employee of the company according to the workers act 1922.

Judgement

The New Zealand court appeal refused to hold that Mr. Lee was a worker or employee, holding that a man could not in effect, employee himself. By stating this statement court refused for the compensation to the Mrs. Lee. However, the Privy Council allowed Mrs. Lee claim by saying following statement;
Mr. Lee was separate person from the company and he had only incorporated the company and therefore compensation was payable to the widow of Mr. Lee

As a company is a separate legal entity so a member of a company can enter into a contract with that company in which he is holding shares the widow of Mr. Lee was entitled to compensation under the workmen’s compensation act.
The director was not restrained from becoming the employee of that very company (Lee vs. Lee Air Farming Ltd.)

Obiter Dictum

The Judicial committee of Privy Council insist that company is a separate legal entity, so that Director could still be under a contract of employment with the company he solely owned. In simple words if he is single owner of the company then also he will be under contract of employment and owner is also employee of company. In opinion separate legal entity is an important features of the company because it separate company identity with its member and separate legal entity is like double sided sword which can be used as good and bad faith. It also act as veil between the company and its member.

Ratio Decidendi

Lee vs. Lee Air Farming Ltd. Case was decided on the basis on principle given in Salmon case. The court gave reasoning during judgement that we can’t avoid point that the Mr. Lee is sole managing director of company and he was controlling all work of the company but then also Mr. Lee and this company they both were separate and distinct legal personality. Because of this two powers Mr. Lee was capable to act as master and servant of the company. This compensation is claimed as the capacity of servant. Because Lee was a separate from the company, he formed and his widow was held to get the compensation.

Conclusion

In conclusion separate legal entity is an important features for companies as it help in separating company identity with its member. So from the above discussion it is concluded that company is a separate legal person. Corporation personality defines company is a separate legal entity and its sole owner, shareholder and director can also be an employee of the company who has entered into a contract with it as owner, director or shareholder. The Separate Entity Principle, in my opinion, it has been very instrumental in promoting the developed of modern capitalism and it has generated immense social and economic wealth. The status of Separate Entity Principle as a cornerstone of Company Law should never be changed.

About the author –

This article is authored by Prabhjot Singh, third year B.B.A. LL.B. (H) student at Galgotias University, Greater Noida.

INTRODUCTION

It is a very well known fact that legislature (state and union) has the sole power to make laws. However, the power of making laws is not absolute and is subject to adjudication by the judiciary. While it is very clear that judicial activism has been increased in the 20th century, we can also observe how creative the judiciary has become recently in the case of interpretation of Article 21 in number of ways possible. The term ‘life’ in Article 21 is not the mere animal existence. Article 21 has been interpreted widely by the judiciary so that it may include every other right which makes life of an individual meaningful, complete, dignified and worth living. Some of the elements that are related to Article 21 are discussed separately below-

RIGHT TO LIVELIHOOD

Livelihood includes basic shelter, food and occupation without which it is impossible to live. Right to livelihood emerges out of Right to life and no person can live without the means of living or without the means of livelihood. If the right to livelihood was not considered as an important right arising from right to life, it would be very easy to deprive a person from his right to life by depriving him of his means of living.

But, before the case of Maneka Gandhi , in the case of Re Sant Ram , the Supreme Court held that right to livelihood would not considered under the canopy of right to life under Article 21, Later this judgement was overruled after further interpretation of article 21 and the word ‘life’. In the case of Board of Trustees of Port of Bombay V. Dilip kumar Raghavendra nath Nandkarni and Olga Jellis V Bombay Municipal Corporation , it was held that right to livelihood was an intrinsic part of right to life under Article 21.

RIGHT TO HEALTH AND MEDICAL CARE

A person cannot enjoy his rights if he/she is suffering from health ailments. A healthy body is required as it is the base of all the human activities. In the case of Vincent V. Union of India , the Supreme Court held that healthy body is the very foundation and humans without a healthy body cannot enjoy their rights and cannot live their life with dignity. Under Article 47 of Indian Constitution, the Directive Principles of State Policy provides for improvement of health and prohibition of drugs as the state’s duty

PRISONER’S RIGHTS UNDER ARTICLE 21

There are certain rights under article 21 which are available to the prisoner0s in the view that they must not be deprived of their fundamental rights only because they are convicts of certain crimes. However, they are not allowed to enjoy all the fundamental rights0 like right to move freely in the territory of India. Some of such rights of the prisoners which are protected are as follows :-

A prisoner has the right to free legal aid and right to appeal in higher courts. The free legal aid is provided to the person accused if he is too poor to afford a counsel for his representation. In the case of M.H. Hoskot V. State of Maharashtra, the Supreme Court held free legal aid as important ingredient of fair trial. The prisoner must also be given sufficient time to appeal in the courts. Prisoners, who are in custody and detained or suspicion, have right against custodial violence. Due to lot of custodial deaths and third degree methods. A person’s fundamental right under article 21 is violated and Court has classified them as against human dignity. The Supreme Court , in the case of Attorney General of India V. Lachma Devi , held that a barbaric crime should not be punished with barbaric penalty. Direction for death sentence (public hanging) was held unconstitutional and violative of article 21

CONCLUSION

we can draw the conclusion that before the case of Maneka Gandhi, definition of life and article 21 had been much narrower, like right to education was kept under DPSP and there was no thought given to right to privacy, but the judicial activism plus the judicial creativity led to wider interpretation of article 21 which included every possible perspective of right to life. The Supreme Court has played a very significant role in interpreting article 21 and it is quite possible that we can see certain more dimensions added to word ‘life’ under article 21.

About the author –

This article is authored by Prabhjot Singh, third year B.B.A. LL.B. (H) student at Galgotias University, Greater Noida.

Introduction:

An auditor may be a person authorized to review and verify the accuracy of monetary records and make sure that companies suits tax laws. They protect businesses from fraud, means discrepancies in accounting methods and, once in a while , work on a consultancy basis, helping organizations to identify ways to spice up operational efficiency. Auditors add various capacities within different industries.

The Audit committee given here is as per Companies Act, 1956. there’s also requirement for forming Audit committee as per Clause 49 of Listing agreement with Stock exchanges. As per listing agreement, a professional and independent audit committee shall be found out , giving the terms of reference subject to following:

1. The audit committee should have minimum three directors as members. Two thirds of the members of audit committee shall be independent directors.
2. All members of audit committee should be financially literate and a minimum of one member shall have accounting or related financial management expertise.
3. The Chairman of the audit committee should be an independent director The Chairman of the audit committee should be present at AGM to answer share holder queries.
4. the corporate secretary should act as secretary of the committee Besides this audit committee should meet a minimum of fourfold during a year and less than four months should have elapsed between two meetings. The quorum should be either two members or one third of the members of the committee whichever is great er, but there should be minimum of two independent members present.
An audit committee is established by the board of directors of a corporation for the aim of overseeing the financial and accounting processes of the corporate and is monitoring, whether a corporation maintains the financial discipline. Audit committees are established to help the board of directors to discharge their fiduciary responsibilities. “All listed companies should establish an audit committee in raising standards of corporate governance.”

Statutory Rights of Auditors:

1. A right of access in the least times to the books, accounts and vouchers of the corporate.
2. A right to need from the company’s officers such information and explanations as they think necessary for the performance of their duties ad auditors.
3. A right to attend any general meetings of the corporate and to receive all notices of and communications concerning such meetings which any member of the corporate is entitled to receive.
4. A right to be heard at general meetings which they attend on any a part of the business that concerns them as auditors.
5. A right to receive a replica of any written resolution proposed.
6. A right to offer notice in writing requiring that a general meeting be held for the aim of laying the accounts and reports before the corporate.

Duties of an Auditor:

1. To offer a report back to the members on the accounts, books of account, record and profit and loss account examined by him.
2. Where any matter reported upon is answered within the negative or with a qualification the report shall include reasons for such qualification with factual position.
3. To incorporate within the report of the corporate such matters as directed by the Federal Government.
4. To attend those general meetings of a listed company, either himself or through authorized person, during which the record , profit and loss account and therefore the auditors’ report are to be considered:
• To form report for inclusion in prospectus.
• To certify receipts and payments account within the statutory report.
• To form report on declaration of solvency just in case of voluntary completing.
• To exercise due care and skill in completing his duties and make such inquiries as needed.

Auditor’s Liabilities:

The liabilities of auditors of a corporation are often studied under following heads:

1. Civil Liabilities:

Civil liabilities mean the disputes over losses caused to at least one party by acts of another. The civil liabilities of an auditor are often for:-
• Liability for Negligence (under law of agency):
Auditor being agent of the Shareholders is required to hold out his duties with due care and skill. If he fails so, he’s susceptible to observe any loss caused to the third party.
• Liability for Misfeasance:
The term misfeasance means breach of duty. If auditor does something wrong within the performance of his duties leading to a loss to the corporate , he’s guilty of misfeasance. If auditor doesn’t perform his duties properly and therefore the company suffers loss he’s responsible for misfeasance.

2. Criminal Liabilities:

If auditor makes some false report he are often responsible for an offence of forgery.

Case Laws:

1. Arthur E. Green & Company Vs Central Advance & Discount Corporation Ltd .
It was held that auditor is guilty of negligence. Auditor accepted the schedule of bad debts furnished by the client, though it had been apparent that debts weren’t recoverable.
2. The London Oil Storage Co. Ltd. Vs Sear Hasluck & Co .
In this case, auditors were held responsible for negligence. Auditors did not verify the physical existence of money in hand. Cash balance as per books didn’t accept as true with the physical balance, the difference was misappropriated by the cashier.
3. Irish Woolen Co. Ltd. Vs Tyson and Others .
In this case auditors were held responsible for negligence. Profits were overstated by not recording purchase invoices. He was held responsible for having did not exercise due care and skill
4. Kingston Cotton Mills Co. Ltd .
In this case auditors weren’t held responsible for negligence. it had been held that it’s not the duty of auditors to require stock, if they accept certificate within the absence of any suspicion, he has administered due care and skill.

The Provisions of Sec 292A of the Companies Act, 1956 regarding the Constitution and Functioning of an Audit Committee:

1. Every public co having paid up capital of not but 5 crores of rupees shall constitute a committee of the Board referred to as “Audit committee”.
2. The committee shall constitute of not but three directors of which a minimum of two thirds should be directors aside from Managing and Whole time director.
3. The members of the committee shall elect a md amongst themselves. The chairman should be present at the AGM to supply any clarification on the audit.
4. The auditor, internal auditors, if any, and therefore the director responsible of finance shall participate at the committee meetings but shall haven’t any right to vote.
5. The committee shall have the powers to research into the affairs of the corporate and for this purpose shall have access to records of the co and external professional advice.

Benefits of Audit Committee:

1. Improves the standard of monetary reporting ,by reviewing the financial statements on behalf of the board.
2. Create a climate of discipline and control , which can reduce the chance for fraud.
3. Enable the non-executive directors to contribute an independent judgment and play a positive role.
4. Strengthen the position of the external auditor by providing a channel of communication and forum for problems with concern.
5. Increase public confidence within the credibility and objectivity of monetary statements
6. Strengthen the position of the interior audit function by providing a greater degree of independence from management.

Importance of Audit of Committee:

1. Assets are safeguarded and used for business purposes.
2. Business information is accurate.
3. Employees suits laws and regulations.

Role of Audit Committee:

1. Overseeing financial reporting and audit process.
2. Providing an efficient counterbalance to executive.
3. Uphold the independence of both internal and external auditors.
4. Maintaining accounting statements to offer a real and fair view of organization’s financial position and performance.

Functions and Rights of Audit committee:

1. Towards Shareholders.
2. Towards Board of Directors.
3. Towards internal Auditors.
4. Towards external Auditors.

References:

1. Daniel Libretto, Auditor, Investopedia, (Nov 13, 2020) https://www.investopedia.com/terms/a/auditor.asp
2. Arthur E. Green & Company Vs Central Advance & Discount Corporation Ltd (1920)
3. 4 The London Oil Storage Co. Ltd. Vs Sear Hasluck & Co 1958 34 ITR 43 Cal (India)
4. 5 Irish Woolen Co. Ltd. Vs Tyson and Others [1900] 26 Acct LR 13.
5. Kingston Cotton Mills Co. Ltd (No 2) [1895] 1 Ch 331.

About the Author:-
This Article has been written by Aryan Sinha, 5th Year law (BBA+LLB(H) student at Galgotias University, Greater Noida.

INTRODUCTION:

The bill aims to permit non-Muslim “persecuted minorities” from Bangladesh, Afghanistan and Pakistan. Hindus, Sikhs, Buddhists, Jains, Parsis and Christians to register for Indian citizenship within 7 years of entering India rather than this 12 years. Earlier, the NDA government passed two notifications exempting such immigrants from the “Foreigners Act 1946” and therefore the “Passport (Entry into India) Act 1920”, enabling them to continue living in India if that they had arrived prior to December 31, 2014.

A 16-member Joint Parliamentary Committee visited Assam and Meghalaya in May 2018 to accumulate public feedback on the bill. While a majority of the representations from Brahmaputra Valley opposed the Bill, the Bengali-majority Barak Valley favoured the bill. Out of the memorandums submitted by 135 groups in Guwahati opposing the bill, one was signed in blood. The Meghalaya government, during which the BJP is an ally, also opposed the bill.

Migrants from these communities were earlier given protection against lawful action in years 2015 & 2016. Long Term visa provision for future was made for them. The proposed amendment will make these persecuted migrants eligible to register for citizenship. Citizenship will be given to them only after due scrutiny and recommendation of district authorities and therefore the State Government. The minimum residency period for citizenship is being reduced from existing 12 years under this law to 7 years.

The present Government has taken several measures to implement the Assam Accord. A crucial pillar of “Assam Accord is Clause 6” handling with constitutional, legislative and administrative safeguards for safeguarding of cultural, social and linguistic identity and heritage of Assamese people. Ministry of Housing Affairs has notified on 05-01-2019, a High Level Committee consisting of eminent and knowledgeable persons from Assamese society with a really wide mandate to suggest such measures for safeguarding of the Assamese identity, including reservation within the State Assembly and in jobs. The Committee will submit its report within 6 months.

KEY HIGLIGHTS OF THE CITIZENSHIP (AMENDMENT) BILL:

The Act isn’t confined to the State of Assam, and can be applicable to all or any States and Union Territories of the country.
The beneficiaries of Citizenship Amendment Bill can reside in any state of the country.

The burden of those persecuted migrants are going to be shared by the entire country.

Assam alone wouldn’t need to bear the whole burden and Government of India is committed to offer all help to the State Government and other people of Assam.

The Act will provide relief to persecuted migrants who have come through western borders of the country to States like Gujarat, Rajasthan, Delhi, Madhya Pradesh and other States.

Under the 1955 Act, one among the wants for citizenship by naturalisation is that the applicant must have resided in India during the last 12 months and for 11 of the previous 14 years.

The bill relaxes this 12-year requirement to seven years for persons belonging to the all the six religions from the three countries.
While moving the bill, Singh said that the central government is committed for National Register of Citizens (NRC).

He asserted that there’ll be no discrimination in NRC. He also said that the Central Government has taken several measures to implement the Assam Accord.

The Leader of the Opposition within the house, Mallikarjun Kharge demanded that the bill should be sent to the Select Committee of the House.

The bill was passed within the lower house of the parliament amidst a walkout by number of the opposition members including those of Congress and Trinamool Congress.

NEED OF THE CITIZENSHIP (AMENDMENT) BILL, 2019:

The Citizenship (Amendment) Bill, 2019 aims to impart citizenship to those that had been forced to look for shelter in India due to religious persecution or fear of persecution in their home countries. They’re primarily Hindus, Sikhs, Jains, Buddhists, Parsis and Christians from Afghanistan, Pakistan and Bangladesh. This is often a drastic change from the provisions of the Citizenship Act of 1955 that label an individual an “illegal immigrant” if he or she has entered India without travel documents or has overstayed the date mentioned in the documents.

IMPORTANT PROVISIONS OF THE CITIZENSHIP (AMENDMENT) BILL:

1. The Bill amends the Citizenship Act, 1955 to form illegal migrants from communities like Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan who entered India before December 31, eligible for Indian citizenship.

2. Under the Act, one among the wants for citizenship by naturalisation is that the applicant must have resided in India during the last 12 months, and for 11 of the previous 14 years. The Bill relaxes this 12-year requirement to seven years for persons belonging to an equivalent six religions and three countries.

3. The Bill provides that the registration of Overseas Citizen of India (OCI) cardholders could also be cancelled if they violate any law.

IS THE BILL CONTROVERSIAL?

The citizenship amendment bill, which has gone by the Lok Sabha, has led to political backlash in Assam and caused unrest within the remainder of the North-east, with protests by ethnic Assamese groups. Assamese organizations say that as a results of the bill the burden of illegal migrants are going to be passed on to the state alone. The bill drew flak from opposition parties within the Rajya Sabha for excluding Muslims from countries like Nepal and Sri Lanka. These parties are likely to push for the citizenship amendment bill to be mentioned to a select committee before it’s discussed within the Rajya Sabha.

THE SAY OF OPPOSITION:

The opposition has been opposing the bill’s passing, because it would grant citizenship to the illegal Hindu migrants from Bangladesh, who came to Assam after March 1971, violating the “Assam Accord, 1985”.

Further, the Bill makes illegal migrants eligible for citizenship on the perspective of religion. It provides citizenship to Hindu, Sikh, Buddhist, Jain, Parsi or Christian migrants from Afghanistan, Bangladesh and Pakistan.

However, it excludes Muslim sects like Shias and Ahmediyas, who face persecution in Pakistan. This might violate “Article 14 of the Constitution” which guarantees right to equality.

It also allows cancellation of OCI registration for violation of any law. This is often a good ground which will cover a variety of violations, including minor offences like parking in a no parking lot.

THE SAY OF CENTRAL GOVERNMENT:

The centre says the amendment is for migrants who came through the eastern and western borders and are staying in India. The burden are going to be shared by the whole country, with the centre willing to assist to implement it.

IS THE AMENDMNET BILL AN ELECTORAL SOP?

The Trinamool Congress accused the Bhartiya Janata Party (BJP) of being “anti-Bengali” after the ultimate draft NRC was published in July 2018. To counter the allegation, BJP has decided to mention the bill in its Lok Sabha poll campaign in West Bengal to garner support from Hindu refugees, who came to the state from Bangladesh. The centre is additionally trying to woo the ethnic Assamese by promising to seem into the Assam Accord of 1985 to make sure that their linguistic and cultural identity are going to be safeguarded.

NATIONAL REGISTER OF CITIZENS (NRC):

NRC was updated under the Citizenship Act to wean out illegal immigrants from Bangladesh and other countries. The collective list of the NRC data of 1951 and therefore the electoral rolls till 24 March 1971 is being analysed to update NRC. The amendment paves the way for non-Muslim minorities who came to Assam from Bangladesh between 1 January 1966 and 24 March 1974 to urge citizenship. This negates the NRC exercise, say ethnic Assamese groups and regional parties.

WHY ASSAM OPPOSES THE CITIZENSHIP (AMENDMENT) BILL?

The bill is being opposed by majority groups in Assam, as all of them believe that if the Bill becomes an Act, it’ll nullify the updated National Registration of Citizenship (NRC) of Assam. The method of updating the NRC is currently underway in Assam. The National Register of Citizens (NRC) is a record that contains names of Indian citizens of Assam. It had been last prepared after Census in 1951.Assam, which had faced an influx of persons from Bangladesh since the initial 20th century, is that the only state having an NRC.

The Assam government on July 30, 2018 released the second and final draft of the state’s National Register of Citizens (NRC). The draft includes the names of Indian citizens who are residing in Assam before March 25, 1971.

As per the Draft, the entire number of persons included within the list is 2,89,83,677 leaving a complete of 40,70,707 as ineligible for inclusion. Out of 40,70,707 names, 37,59,630 names are rejected and 2,48,077 names are kept on hold.

The NRC doesn’t distinguish migrants on the perspective of religion. It involves the deportation of all those that entered the state illegally post March 24, 1971, regardless of their religion.

References:
1. The Foreigners Act 1946, The Legislative Department https://legislative.gov.in/sites/default/files/A1946-31.pdf .
2. The Passport (Entry to India) Act 1920 , IndiaCode https://www.indiacode.nic.in/handle/123456789/2370?view_type=browse&sam_handle=123456789/1362.
3. Constitutional, Legislative & Administrative Safeguards, Assam Accord 1985, Government of Assam https://assamaccord.assam.gov.in/portlets/assam-accord-and-its-clauses
4. Assam Accord 1985, Government of Assam https://assamaccord.assam.gov.in/portlets/assam-accord-and-its-clauses
Equality Before Law, Constitution of India 1950,
5.https://www.constitutionofindia.net/constitution_of_india/fundamental_rights/articles/Article%2014

About the Author:-

This Article has been written by Aryan Sinha, 5th Year law (BBA+LLB(H) student at Galgotias University, Greater Noida.