The Dialectics of Constitutionalism and Citizenship Adjudication Under the NRC And Foreigner’s Tribunals Regime

ABSTRACT

The National Register of Citizens (NRC) and the Foreigners Tribunals (FTs) are contentious mechanisms that contravene the Constitution of India by undermining fundamental rights and principles of natural justice. Originally designed to detect illegal immigrants, the NRC has become a procedure characterized by capricious exclusions and a dearth of procedural protections. Articles 14 and 21 of the Constitution of India protect vested rights of citizenship, which are further violated by its reliance on retrospective delegated legislation. Due to their inherent executive bias, opaque selection procedures, and lack of judicial scrutiny, the Foreigners Tribunals make this situation worse. The independence and impartiality of tribunal members are compromised by the relaxation of qualifying requirements and the application of unreasonable performance standards. Furthermore, the due process of law is violated by the disproportionate burden of proof imposed on individuals, inadequate record management, and the lack of adequate legal aid. The rights to life and dignity are further violated by detention practices associated with these procedures, which subject people to cruel, inhumane incarceration without obvious legal protections. The legal framework pertaining to the NRC and FTs is critically examined in this paper, which asserts that its application compromises both the rule of law and core constitutional values. In order to remedy these infractions and reinstate the constitutional mandate of equality, fairness, and justice, it needs immediate judicial review and legislative measures.