No need to implement Clause 6 if 1951 is taken as cut-off year for NRC: BJSM

Our Correspondent

Kokrajhar: Bodoland Janajati Suraksha Mancha (BJSM) on Friday said that the issue of citizenship can not be determined by the Assam Accord or any accord in Assam; holding 1971 as the cut-off year while the illegal foreigners from 1951 getting the citizenship norm as per the accord seems implausible.

The president of the BJSM Janaklal Basumatary said that the citizenship status was determined by the Citizenship Act enacted in accordance with the constitutional process following the constitutional provision. “Assam Accord or any accord is not the constitutional process for citizenship determination.” No action for determination of citizenship on the basis of Assam Accord can be taken as it discriminates the illegal foreigners from 1971 with same illegal foreigner from 1951 to 1971. The Accord was confusing and unconstitutional and un implementable,” he said, adding that this was thus not ratified by the Parliament. So it is not implementable.

Basumatary said that the base year for foreigner detection was taken from 1971, whereas foreigners’ intrusion continued after 1951 NRC also. It was the constitutional duty of the government to detect and deport illegal foreigners from 1951 as per constituionally enacted laws Foreigners Act, Passport Act, Border Security Act and, above all, constituional provisions to save the sovereignty of the country must be maintained, he said. How these laws are implemented to save the sovereignty of a country can be ignored simply by an Accord like the Assam Accord? he questioned. He said that the foreigner detection was liable from 1951 NRC constitutionally, and not from 1971.

“The grant of citizenship to Pakistani migrants through registration was closed in 1950 after formation of the Constitution. Now if the foreigner detection is done by way of NRC update from 1971, you are going to grant citizenship to the illegal foreigners from 1951 to 1971 by registration, because due to the entry of their names in the NRC, they have become Indian citizens by registration, which is already under Art.6 of the Indian Constitution. This is illegal. Thus, determination of citizenship on the basis of the Accord by updating NRC from 1971 is illegal, unconstitutional,” Basumatary said adding that this was a clear legal and constitutional status. Under no circumstances citizenship can be granted to any foreigner by violating the prevailing law and constitution, he added.

The tribal leader said that the central government was coming into senses that foreigners should be detected from 1951 after the constitution was formed. Better late than never. The NRC base year for detection of foreigners legitimately be taken from 1951. So government’s decision to conduct NRC on national level from 1951 is welcomed by every patriotic citizen of the country. He said that the AASU, with an immature knowledge, still defending the illegal, unconstitutional base year from 1971, ignoring the constitutional provisions and prevailing law of the land by granting illegal foreigners from 1951 to 1971 the status of citizens of India, even without application they want to grant citizenship.

This is closed under Art 6 of the Constitution as soon as the Indian Constitution was effective w.e.f. January 26, 1950. Thus, AASU’s defensive stand for implementation of the Assam Accord has no legal leg to stand,” he said, adding that they should realize the situation which is now foreigner detection from 1951 legally and constitutionally. “What is the harm for the AASU if legal and constitutional provisions are implemented?” he questioned. He further said, “One thing we all can not agree with their proposed Citizenship Bill is to grant citizenship to the Pakistani and Bangladeshi Hindu migrants without any justifiable circumstances, simply to increase their Hindu voters.

The Constitution has already closed granting citizenship to Pakistani migrants under Art 6 of Indian Constitution. It will be a bad precedent if the illegal migrants are allowed to be granted citizenship by malafide motives without bonafide necessity. It will encourage more migration and the same is a threat to our demographic pattern”. “If BJP really wants to uphold the Constitution, they must act more wisely, for the benefit of the people, not for the benefit of the political party and uphold the national policy of clean India, clean administration. No arrogamcy , no discrimination by the ruling party should happen.

So before passing CAB for granting Pakistani and Bangladeshi citizenship should be thought again. No hurry in supporting Amit Shah like Himanta Biswa Sarma, who does not care to harm one’s own State by blindly following wishes of central leaders,” he said adding that let there be a fresh NRC in Assam from 1951 legitimately, it will solve everything in Assam; there will be no need for implementation of clause 6 of the Assam Accord. No need to beat around the Bush in Talk Shows in Electronic media.

Also Read : BJSM pitches for development and expansion of Bodo language, literature

Also Watch: Govt all set to push for the contentious Citizenship Bill in the winter session of Parliament