A plea has been moved in the Supreme Court against those residing in India in violation of the cut of date of March 1, 1947, & 19 July 1948 as per the Foreigners Act, 1946. The plea seeks directions to the Government to take action against Foreigners illegally residing in India.
The plea seeks nationwide implementation of National Register of Citizens (NRC) to give effect to section 14-A of Citizenship Act, 1955, adding that the “Central Government has failed to carry out and implement the said provision due to which the citizens of the country are facing tremendous problems”.
The plea demands action against “illegal foreign immigrants” by proactively working towards PAN India NRC implementation and has been moved through 6 petitioners on behalf of Advocate Vishnu Shankar Jain & drawn by Advocate Hari Shankar Jain.
“The voter lists of the Parliament and State Assembly elections should be checked and the names of foreign nationals should be removed from them. As per the powers granted by the Constitution’s Article 142, the Government must verify the nationality of a citizen before including in the voters’ list.”
The Plea
Contention in the Petition
The plea contends that the nation is facing “huge obstacles” due to the non-implementation of Clause 154A of the Citizenship Act of 1955 by Government.
The petitioners express that as millions of people live in the country illegally, it endangers the unity & sovereignty of the nation.
“As per Clause 154 A of the Act 1955, the registration of Indian citizens in the National Register of Citizens is the duty of the Central Government. The Government did not carry out this duty so far; as a result, the nation is facing huge obstacles. Millions of people live in the country illegally. This endangers the unity and sovereignty of the nation. Also, these people relish the luxuries and facilities without paying taxes”
PLEA
The petitioner explains that as the Election Commission has allowed illegal foreigners to enlist their names in Voters’ lists due to which they obtained the Adhaar Card, PAN Card & Ration Card through “illicit ways & means”. “These forged documents enabled them to get employment and avail huge benefits from other Government schemes.”
The presence of illegal migrants in the country has generated a host of tensions in the country which include political, economic, ethnic and communal tensions and that they are “eating into menials, semi-skilled and skilled jobs depriving the Indian citizens of livelihood but it is also creating law and order problem.”
The petitioners contend that immigrants are in a position to influence the results of elections in a large number of constituencies, specifically in the North-east.
The act of immigrants from Pakistan & Bangladesh entering Indian Territory is considered as “mischievous” act carried out with the intention of changing the demography of India.
Hence, petitioners’ claim is applicable to the whole of India, not just a problem restricted to Assam & West Bengal only.
“That it is strange that the Central Government has failed to implement the provisions contained in Articles 6 and 7 of the Constitution of India and also implementing the mandate of Section 14-A of Citizenship Act, though it came into force w.e.f. 03.12.2004. Due to slackness on the part of Central Government Nation, the States and the citizens of the country are facing tremendous problems.
Such inaction has created a situation of internal disturbance due to external aggression even though the Government of India is under Constitutional obligation under Article 355 of the Constitution of India… That the foremost duty of a Government is to exclude all aliens and to take stern action to save the country from foreign illegal immigrants.”
The Plea
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The plea urges the Court to issue directions to the Centre for issuance of National Identity Card to every citizen of India & direct the EC to revise the voters list applicable for elections to House of the People & Legislative Assemblies of the states, excluding the names of foreigners & non-citizens of India from voters list.
Directions were proposed in exercise of the powers under Article 142 of the Constitution to lay out guidelines for “determining citizenship of a person before registering him as a voter in the electoral roll for the election of House of the People and Legislative Assemblies of the States” by the Petitioners to the GOI by Apex Court.
