Aamsu

Aamsu

1. Page 1 of 14

30/11/2019
To,
Shri Amit Shah Ji
Hon’ble Home Minister
Government of India
New Delhi-110001

Dated: 30
th
November, 2019

Sub: Views of All Assam Minorities Students’ Union
(AAMSU) on the Citizenship (Amendment) Bill of 2019
and connected issues vis-a-vis National Register of
Citizens (NRC) and Implementation of Clause.6 of the
Assam Accord, 1985

Ref: Letter dated 28
th
November, 2019 vide
No.PLP.320/2016/246 by the Commissioner &
Secretary to the Govt. of Assam, Home and Political
Department for interaction with the Hon’ble Union
Home Minister.

Respected Sir,
With due respect, we would like to lay the following lines
for your kind consideration and necessary action:

1. That, the Assam Agitation came to an end with the
signing of Assam Accord on 15
th
August, 1985 at New Delhi
laying down 24
th
March, 1971 (Midnight) as cutoff date for

2. Page 2 of 14

30/11/2019
detection and deportation of foreigners in the state of Assam.
The Parliament of India unanimously amended the Citizenship
Act, 1955 thereby inserted Section.6A in the Citizenship Act,
1955 laying down 24
th
March, 1971 (Midnight) as cutoff date for
detection and deportation of foreigners in Assam in pursuance
of Assam Accord, 1985.
2. That, the then NDA Government by exercising power
conferred under Section.18 of the Citizenship Act, 1955 framed
the Citizenship (Registration of Citizens and issue of National
Identity Cards) Rules, 2003 for preparation of National
Register of Indian Citizens throughout India and accordingly
the same was published in the Gazette of India, 2003
Extraordinary Part-II dated 10
th
December, 2003. Thereafter,
the Rules, 2003 was amended by the Central Government in
the year 2009 thereby Rule.4A and Schedule containing special
provision was inserted for preparation of National Register of
Citizens (NRC) in Assam.
3. That, the writ petition being WP(C) No.274/2009 was
filed on 25.05.2009 before the Hon’ble Supreme Court praying
for necessary direction to the authorities to prepare the NRC
basing 25.03.1971 as cutoff date. Another writ petition being
WP(C) No.562/2012 was filed on 29.11.2012 before the Hon’ble
Supreme Court challenging the constitutional validity of
Section.6A of the Citizenship Act, 1955 i.e. 25.03.1971 as cutoff
date for detection and deportation of foreigners in Assam. The
Hon’ble Supreme Court vide Order dated 02.04.2013 passed in
WP(C) No.274/2009 started to monitor the process of

3. Page 3 of 14

30/11/2019
preparation of NRC in the state of Assam. The Hon’ble
Supreme Court vide common Judgment 17.12.2014 directed
that the process of preparation of NRC shall be completed in
time bound manner and referred the issue constitutional
validity of Section.6A of the Citizenship Act, 1955 to the
Constitution Bench. The Central Government and Assam
Government filed written submissions on 01.05.2017
respectively before the Constitution Bench in support of
Section.6A of the Citizenship Act, 1955.
4. That, the Assam Legislative Assembly adopted
unanimous resolution on 17.03.2010 for updation of NRC, 1951
basing Electoral Roll of 1971 as per Assam Accord, 1985 and
forward the same to the Central Government. The Government
of Assam constituted a Cabinet Sub-Committee on 03.08.2010
for framing the Modalities and Standard Operating Procedure
(SOP) for preparation of NRC in Assam. The Cabinet Sub-
Committee discussed with various stakeholders including
AAMSU and prepared the Modalities and SOP along with
Illustrative List of Admissible Documents and forwarded the
same on 05.07.2013 to the Central Government for necessary
approval. Accordingly, the Central Government accorded
necessary approval on 22.11.2014.
5. That the Registrar General of Citizen Registration issued
notification dated 05.12.2013 which was published in the
Gazette of India on 06.12.2013 by exercising power conferred
under Rule.4A (3) of the Rules, 2003 notifying that that the
enumeration in respect of the state of Assam shall take place

4. Page 4 of 14

30/11/2019
from the date of publication of the notification and shall be
completed within a period of three years. The notification
dated 05.12.2013 was also published in the Assam Gazette on
13.05.2015 by the Assam Government. The period of
enumeration was extended time and again by way of Gazette
Notifications and lastly extended up to 31.08.2019 by the
Registrar General of Citizens Registration. Accordingly, the
final NRC was published on 31.08.2019 in the state of Assam.
The Ministry of External Affairs, Government of India issued
statement on 02.09.2019 that, updating of NRC is a statutory,
transparent, legal process mandated by the Hon’ble Supreme
Court of India. This is not an executive-driven process. The
process is being monitored by the Supreme Court directly and
the government is acting in accordance with the directives
issued by the court. NRC is a fair process based on scientific
methods.
6. That, the Assam Government nominated Shri Prateek
Hajela, IAS as the State Coordinator for NRC, Assam in the
month of November, 2013 by exercising power conferred under
Rule.15 (3) of the Rules, 2003. The Central Government
appointed Shri Prateek Hajela, IAS as the Director of Citizens
Registration on 28.01.2014 by exercising power conferred
under Rule.15 (2) of the Rules, 2003. The Assam Government
appointed the DRCR, CRCR and LRCR as per Rule.16 (1) of the
Rules, 2003. The Central Government and Assam Government
are jointly liable for preparation of NRC in Assam as per
mandate of the Rules.5, 15, 16 and 18 of the Rules, 2003.

5. Page 5 of 14

30/11/2019

7. That, the authority published the complete draft NRC on
03.07.2018. Thereafter the Central Government, Assam
Government and State Coordinator for NRC, Assam jointly
prepared Modalities and SOP for disposal of claims/objections
and placed the same before the Hon’ble Supreme Court. The
Hon’ble Supreme Court vide Order dated 01.11.2018 passed in
WP(C) No.274/2009 approved the Modalities and SOP for
disposal of claims and objections. The authority published the
final NRC on 31.08.2019 after disposal of claims/objections.
Now the authority is required to issue National Identity Cards
to the persons included in final NRC as per Rule.13 of the
Rules, 2003 and the excluded persons are entitled prefer
appeals before the designated Tribunals as per Paragraph.8 of
the Schedule to the Rule.4A of the Rules, 2003.
8. That, by exercising power conferred under Section.3 of
the Foreigners Act, 1946, the Central Government amended the
Foreigners Order, 1948 thereby issued Gazette Notification on
7
th
September, 2015 in respect of Foreigners (Amendment)
Order, 2015. The Order.3A has been inserted in the Foreigners
Order, 1948 by amendment, exempting the persons belonging
to minority communities in Bangladesh and Pakistan, namely,
Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who
were compelled to seek shelter in India due to religious
persecution of fear of religious persecution and entered into
India on or before the 31
st
December, 2014. These classes of
people are exempted from prosecution under the Foreigners

6. Page 6 of 14

30/11/2019
Act, 1946 and the Orders made there under in respect of their
stay in India without valid documents including Passport or
other travel documents or after expiry of such documents, as
the case may be, from the date of publication of this Amended
Order in the Official Gazette i.e. 7
th
September, 2015.
By exercising power conferred under
Section.3 of the Foreigners Act, 1946, the Central
Government further amended the Foreigners
Order, 1948 and added the word “Afghanistan”
with Pakistan and Bangladesh by way of
Foreigners (Amendment) Order, 2016. This
Amendment was notified in the Official Gazette
on 18
th
July, 2016.
9. That, by exercising power conferred under Section.3 of
the Passport (Entry into India) Act, 1920, the Central
Government amended the Passport (Entry into India) Rules,
1950, thereby issued Gazette Notification on 7
th
September,
2015 in respect of Passport (Entry into India) Amendment
Rules, 2015. The Rule.4 (1) (ha) has been inserted in the
Passport (Entry into India) Rules, 1950 by amendment,
exempting the persons belonging to minority communities in
Bangladesh and Pakistan, namely, Hindus, Sikhs, Buddhists,
Jains, Parsis and Christians who were compelled to seek
shelter in India due to religious persecution of fear of religious
persecution and entered into India on or before the 31
st

December, 2014. These classes of people are exempted from
the prosecution of the Passport (Entry into India) Act, 1920

7. Page 7 of 14

30/11/2019
and the Rules made there under in respect of their stay in India
without valid documents including Passport or other travel
documents or after expiry of such documents, as the case may
be, from the date of publication of this Amended Rules in the
Official Gazette i.e. 7
th
September, 2015.
By exercising power conferred under
Section.3 of the Passport (Entry into India) Act,
1920, the Central Government further amended
the Passport (Entry into India) Rules, 1950 and
added the word “Afghanistan” with Pakistan and
Bangladesh by way of Passport (Entry into India)
Rules, 2016. This Amendment was notified in the
Official Gazette on 18
th
July, 2016.
10. That, writ petition being WP(C) No.145/2016 was filed
on 25.02.2016 before the Hon’ble Supreme Court challenging
the Constitutional validity of Foreigners (Amendment) Order,
2015 and Passport (Entry into India) Amendment Rules, 2015.
But the writ petition being WP(C) No.145/2016 was withdrawn
on 11.03.2016. Another writ petition being WP(C) No.68/2016
was filed on 08.01.2016 was filed before the Hon’ble Supreme
Court challenging the Constitutional validity of Foreigners
(Amendment) Order, 2015 and Passport (Entry into India)
Amendment Rules, 2015. Three Judges Bench vide Order
dated 12.02.2016 passed in WP(C) No.68/2016 referred the
matter to the Constitution Bench of Hon’ble Five Judges. The
matter is pending before the Hon’ble Supreme Court for
disposal.

8. Page 8 of 14

30/11/2019
11. That, the Central Government laid down the Citizenship
(Amendment) Bill, 2016 on 15.07.2016 in Lok Sabha. The
Central Government constituted Joint Parliamentary
Committee (JPC) on 11.08.2016 headed by Shri Rajendra
Agarwal, MP (LS) to discuss the matter with various
stakeholders, prepared a report on amendment/ modification
if required and table the Report before the Parliament. The
JPC visited the state of Assam from 7th May to 10th May of
2018, prepared a report and tabled the same before Lok Sabha
and Rajya Sabha on 07.01.2019. The Lok Sabha passed the Bill
on 08.01.2019 and but the same lapsed due to dissolution of
Lok Sabha. AAMSU submitted memorandum before the JPC
expressing views on the Citizenship (Amendment) Bill, 2016
wherein it was categorically stated that the provisions of
historical Assam Accord, 1985 shall be kept intact and the
process of NRC shall be completed in time bound manner.
AAMSU reiterates the same stand as expressed earlier before
the JPC and emphasises for taking into conditions of Assam
Accord for detection and deportation of foreigners.
12. That, the Ministry of Home Affairs, Govt. of India
constituted a High Level Committee on 06.01.2019 for
implementation of Clause.6 of the Assam Accord, 1985 but it
did not become functional because of some unavoidable
reasons. The committee is reconstituted on 15.07.2019 as per
Terms of Reference for the committee is as under:

9. Page 9 of 14

30/11/2019
a. The Committee will examine the effectiveness of
actions taken since 1985 to implement Clause 6 of
the Assam Accord.
b. The Committee will hold discussions with various
stakeholders including social organization, legal
and constitutional experts and eminent persons
from the field of art, culture and literature,
conservationists, economists, linguists and
sociologists.
c. The Committee will assess the appropriate level of
reservation of seats in Assam Legislative
Assembly and local bodies for the Assamese
people.
d. The Committee will also suggest measures to be
taken to protect Assamese and other indigenous
languages of Assam.
e. The Committee will recommend the appropriate
level of reservation in employment under the
Government of Assam for the Assamese people.
f. The Committee may suggest any other measures
as may be necessary to protect, preserve and
promote cultural, social, linguistic identity and
heritage of the Assamese people.
13. That, the reconstituted High Level Committee issued a
public notice on 22.08.2019 through Local Media requesting
all stake holders, social organization, individuals etc. to give

10. Page 10 of 14

30/11/2019
their views, comments, suggestions on measures to be taken as
regards the following:
a. Reservation of seats in Parliament, Assam
Legislative Assembly and Local bodies of the
indigenous tribal, indigenous Assamese and other
indigenous people of Assam.
b. Protection of Assamese and other indigenous
languages of Assam.
c. Reservation in employment under the
Government of Assam, Central Government,
Semi-central government, central PSUs and
private sector of Assam.
d. Any other measures for protection, preservation
and promotion of cultural, social, linguistic
identity and heritage of the indigenous tribal,
indigenous Assamese and other indigenous
people of Assam.
e. Protection of land rights of indigenous tribal,
indigenous Assamese and other indigenous
people of Assam.
14. That, the Clause.6 of the Assam Accord, 1985 envisaged
that appropriate constitutional, legislative and administrative
safeguards shall be provided to protect, preserve and promote
the cultural, social, linguistic identity and heritage of the
ASSAMESE people. Term of Reference for the High Level
Committee also states for assessing, suggesting,
recommending measures for safeguarding the interest of

11. Page 11 of 14

30/11/2019
ASSAMESE people as per Clause.6 of the Assam Accord.
However, it is observed that while issuing Public Notice for
views, comments, suggestions in implementation of Clause.6
of the Assam Accord, the High Level Committee has deviated
from Clause.6 of the Assam Accord by substituting the word
ASSAMESE people by some other words like indigenous tribal,
indigenous Assamese and other indigenous people of Assam.
Any deviation of the Assam Accord is not acceptable.
15. That, the High Level Committee on Clause 6 of Assam
Accord also requests all stakeholders, social organizations,
individuals etc. to give their views, comments, suggestions on
measures to be taken as regards to protection of Land Rights of
indigenous tribal, indigenous Assamese and other indigenous
people of Assam. In this regard, we would like to mention the
relevant clauses of the Assam Accord meant for land and other
immovable properties those are Clause 10 & Clause 11 as
follow:
10. It will be ensured that relevant laws for
prevention of encroachment of government land
in tribal belts and blocks are strictly enforced
and unauthorized encroachers evicted as laid
down under such laws.
11. It will be ensured that the relevant law
restricting acquisition of immovable property by
foreigners in Assam is strictly enforced.

It is clearly stated is Clause 11 of the Assam Accord
that restrictions should be ensured in acquisition of

12. Page 12 of 14

30/11/2019
immovable property by foreigners. There is no bar in
acquisition of immovable property by any citizens.
Hence, the agenda relating to protection of land rights
has no relevance for the High Level Committee on
Clause 6 of Assam accord and accordingly the same shall
not be entertained by the Central Government.

16. That, during the period and regime of Ahoms, there were
no fixed boundaries of Assam and no specific demarcation of
areas were also there. There is also no definition of Assamese
as community. Dr. Lila Gogoi, the then Secretary of the Text
Book Production Committee and the Professor of Diburgarh
University Assamese Department and two times President of
Asom Sahitya Sabha wrote a book namely Asomor Sanskriti
(The Culture of Assam) where he has described the history of
Assam since its primitive age to the present day of Assam. In
the said book, there is an easy namely, Assam and Assamese,
“In page 4 of the said book, he has clearly stated that there was
no definite boundary of Assam. There was never a similarity in
the boundary of Geographical Assam and Historical Assam. He
has also stated that there is no similarity in the Political Assam
and Natural Assam. The boundary of the Ancient Assam and
Modern Assam can never be compared. Similarly, no particular
caste can represent as the Assamese rather during different
period of history, different people came to Assam and have
assimilated with the characteristics of Assam and they are the
Assamese.

13. Page 13 of 14

30/11/2019
17. That, the then Speaker of Assam Legislative Assembly
took initiative to define the term Assamese. Accordingly,
various stake holders were invited to express their views in this
regard. All Assam Minorities Students’ Union (AAMSU)
attended the interaction and submitted a memorandum on
24.03.2015 in respect of definition of Assamese. The well
thinking opinion rendered by AAMSU may be quoted as
follows:
“As per historical Assam Accord 1985, all persons
except those who will be detected and deported by
due process of law and who are permanently
residing in Assam, assimilating themselves with
Assam’s socio-economic, cultural aspects
irrespective of their caste, creed, religion and
language are thinking for the wellbeing of Assam
shall be defined as Assamese”
Under the aforesaid facts and circumstances we would
like to state as under:
1. Provisions of Assam Accord, 1985 accepted by all
sections of society shall be kept intact at any cost
for the interest of the Country as well as State of
Assam;
2. National Identity Cards shall be issued to the
persons included in final NRC published on
31.08.2019 as per Rule.13 of the Citizenship
(Registration of Citizens and Issue of National
Identity Cards) Rules, 2003;

14. Page 14 of 14

30/11/2019
3. Free, fair, reasonable and adequate opportunity
shall be provided to the persons excluded from
final NRC published on 31.08.2019 for preferring
appeal as per provision of the Paragraph. 8 of the
Schedule to the Rule.4A of the Citizenship
(Registration of Citizens and Issue of National
Identity Cards) Rules, 2003;
4. Restrain the High Level committee from
exceeding the provisions of Clause.6 of the Assam
Accord, 1985;


With Regards,



(AZIZUR RAHMAN) (REJAUL KARIM SARKAR )
Advisor President

ALL ASSAM MINORITIES STUDENTS’ UNION
(AAMSU)