Can An NRC-Enrolled Declared Foreigner Cast Vote?

NEW DELHI: Can a declared foreigner enrolled in NRC cast his/her vote? A Supreme Court bench headed by Chief Justice Ranjan Gogoi on Tuesday summoned both the Chief Secretary and the Home Secretary of Assam to the court to decide whether judicial decisions of Foreigners Tribunals (FTs) will supersede decisions of the NRC (National Register of Citizens) authorities. The apex court would hear on Thursday whether an FT-declared foreigner enrolled in the NRC can cast his/her vote or not.

The State government and the Centre have already said that the judicial verdict of the tribunal will supersede the National Register of Citizens executive exercise.

Appearing for the petitioner, Kapil Sibal during the hearing argued that if the name of any person declared foreigner by an FT is enrolled in the National Register of Citizens, “he/she should have the right to appeal”.

Sibal also argued that though the National Register of Citizens statute does not have a specific remedy, the Supreme Court can carve out an appeal procedure.

The bench asked petitioners to show as to how the Supreme Court can pass orders to create a right to appeal and an appellate authority in case of contradicting orders.

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