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Assam NRC: Non-inclusion doesn’t mean declared foreigner, time limit to appeal increased to 120 days

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Assam NRC: Non-inclusion doesn’t mean declared foreigner, time limit to appeal increased to 120 days

With barely ten days to August 31 deadline for the final publication of Assam’s National Register of Citizens (NRC), the Ministry of Home Affairs (MHA) today (Tuesday, Aug 20) said that “non-inclusion of a person’s name in the NRC does not by itself amount to him/her being declared as a foreigner”.

The MHA said they would be given adequate opportunity to present their case before the Foreigners Tribunals (FTs). The time limit to appeal before the FTs is also being increased from 60 to 120 days. It said that State government would also “make arrangements to provide legal aid to the needy people amongst those excluded from the NRC.” Adequate number of such tribunals was being established at convenient locations.

Home Minister Amit Shah had reviewed the NRC process with Assam Chief Minister Sarbananda Sonowal and other senior officials on Monday.

The Ministry in its statement said, “It was decided that in order to facilitate the persons excluded from the NRC, adequate arrangements will be made by the State government to provide full opportunity to appeal against their non-inclusion.”

“Every individual, whose name does not figure in the final NRC, can represent his/her case in front of the appellate authority, i.e. Foreigners Tribunals. Under the provisions of the Foreigners Act 1946 and the Foreigners (Tribunals) Order 1964, only Foreigners Tribunals are empowered to declare a person as a foreigner. Thus, non-inclusion of a person’s name in the NRC does not by itself amount to him/her being declared as a foreigner.”

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“As it may not be possible for all those excluded from final NRC to file the appeal within the prescribed time, MHA will amend the rules to increase the present time limit of filing of appeals in FTs from 60 days to 120 days regarding exclusion from final NRC. The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 are also being amended accordingly,” the statement said.

In order to maintain law and order situation, central security forces were being provided as per assessment of the Assam government, the MHA said.

Assam Chief Minister Sarbananda Sonowal had indicated Monday that while the final NRC would be published on August 31, as mandated by the Supreme Court, the government could later enact a legislation on the enumeration process — if questions are raised over it.

This came a day after hundreds of Akhil Bharatiya Vidyarthi Parishad (ABVP) activists held a demonstration outside the office of the NRC coordinator in Guwahati, calling for “re-verification” of each application for inclusion in the rolls before the final list is published.

Besides, the Hindu Jagran Manch also staged a protest demanding postponement of the publication of the final NRC so that “no illegal migrant gets into it”, to prevent the exclusion of a large number of Hindus from the NRC, the Times of India reported.

“The NRC we are going to get on August 31 will leave out many genuine Indian citizens. If it is published in its present form, we will launch an agitation. Since there are instances of legacy data misuse, re-verification is essential,” Manch president said.

The BJP-led Sarbananda Sonowal government has argued that a foolproof NRC isn’t possible without proper re-verification of citizenship claims.

BJP legislator Shiladitya Dev said “many Hindu victims of Partition and their descendants may not have made it to the NRC” in the present form and their exclusion from the final list will have a “serious impact on Assam’s identity and culture”.

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Sonowal, who held a meeting with union home minister Amit Shah, said, “In a democracy, everyone has the right to ask questions. After the publication of NRC, if necessary in future, we will take whatever steps will be required.”

Sonowal was replying to a question on whether the government will explore some legislative options to deal with those whose names may be wrongfully excluded or included in the final NRC.

Assam, which had faced an influx of people from Bangladesh since the early 20th century, is the only state having an NRC that was first prepared in 1951. The list is being updated as per the directions of the Supreme Court to segregate Indian citizens living in Assam from those who had illegally entered the State from Bangladesh after March 25, 1971.

The Supreme Court has, in the past fortnight, twice rejected the State’s and the Home Ministry’s plea for re-verification. Around 41 lakh people have been excluded from the draft lists published in July 2018 and June this year. Around 36 lakh have filed claims against their exclusion and objections have been filed against two lakh inclusions. The hearing of these claims and objections are under way.

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A bench of the Supreme Court comprising Chief Justice Ranjan Gogoi and Justice R F Nariman had also said like Aadhaar data, an appropriate regime should be enacted for securing the NRC data.

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Rahul Gandhi, Centre clash over Ladakh deepens as eight Congress MPs suspended

The Lok Sabha saw repeated disruptions after Rahul Gandhi was denied permission to speak on the Ladakh issue, leading to protests and the suspension of eight Congress MPs.

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Chaos engulfed the Lok Sabha on Tuesday as tensions between the opposition and the ruling Bharatiya Janata Party intensified over Congress leader Rahul Gandhi’s attempt to raise the issue of the India-China military standoff in Ladakh. The disruption eventually led to the suspension of eight Congress MPs for the remainder of the parliamentary session.

The confrontation unfolded after the Leader of the Opposition tried, for the second consecutive day, to read out excerpts from an unpublished book by former Army chief General M.M. Naravane that refer to the 2020 Ladakh crisis. The Speaker denied permission, citing procedural rules, triggering protests from opposition members.

Several MPs protested by refusing to speak when called upon, expressing solidarity with Gandhi. The uproar forced repeated adjournments of the House and, according to reports, involved members throwing pieces of paper towards the Chair.

Following the disorder, eight Congress MPs — including Hibi Eden, Amarinder Raja Warring and Manickam Tagor — were suspended. Warring later questioned the action, saying the protests were in response to Gandhi being denied the opportunity to speak despite having authenticated the document and submitted it to the House.

The BJP strongly criticised the Congress leadership. Party MP Anurag Thakur accused Rahul Gandhi of undermining Parliament and insulting the armed forces, alleging that the opposition was attempting to distract from recent government actions, including the presentation of the Union Budget. He also said the BJP would move a formal complaint seeking strict action against the suspended MPs.

Outside Parliament, Gandhi accused the ruling party of trying to silence him, saying he was prevented from speaking on the sensitive issue of the India-China border. He argued that he had followed procedure by authenticating the content he wished to quote but was still denied permission.

What happened a day earlier

On Monday, the Speaker had also disallowed Gandhi from reading the excerpts, with senior ministers countering his remarks during the debate. Government sources later maintained that the Congress leader violated House rules by attempting to introduce unpublished material into the official record without prior approval.

When proceedings resumed on Tuesday, Gandhi again raised the matter, insisting that the information had been authenticated. As the Speaker moved on to other members, two opposition MPs from the Samajwadi Party and Trinamool Congress declined to speak, signalling their support for him.

Rahul Gandhi targets India-US trade deal

Separately, Gandhi also criticised Prime Minister Narendra Modi over what he described as a lack of transparency surrounding the India-US trade deal. He questioned how negotiations that had reportedly remained unresolved for months were concluded overnight and alleged that the agreement compromised the interests of Indian farmers, particularly in agriculture and dairy.

Government sources, however, rejected these claims, stating that sensitive sectors would remain protected and that the deal does not undermine farmers’ interests. They said contentious issues, including market access, had been carefully handled.

The opposition has demanded full disclosure of the terms of the agreement, even as both sides continue to trade sharp political accusations inside and outside Parliament.

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Mamata Banerjee alleges mass voter deletions in Bengal, targets Election Commission

Mamata Banerjee has accused the Election Commission of deleting thousands of voter names without due process, raising questions over the timing of the exercise ahead of elections.

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Mamata Banerjee

West Bengal Chief Minister Mamata Banerjee on Monday intensified her attack on the Election Commission over voter roll revisions, alleging that a large number of names have been deleted without due process as the state heads towards elections.

Addressing party workers, Banerjee claimed that 40,000 voters’ names were removed from her constituency alone, alleging that the deletions were carried out unilaterally and without giving voters a chance to be heard.

“In my constituency they have deleted 40,000 voters’ names unilaterally… Even a murderer gets a chance to defend himself,” she said.

Allegations against election officials

The chief minister directly accused an election official, alleging political bias and irregular conduct in the revision process. She claimed that voter names were being removed while officials sat in Election Commission offices, calling the process illegal.

“They cannot do it, it is illegal. 58 lakh names have been unilaterally deleted,” she said, echoing claims earlier made by Trinamool Congress leader Abhishek Banerjee.

Banerjee also alleged that individuals described as “micro-observers” had been appointed illegally, claiming they had no role under the Representation of the People Act and were linked to the BJP.

‘Alive but marked dead’

In a dramatic moment during her address, the chief minister asked those present who had been marked as deceased in the voter lists to raise their hands.

“See, they are alive but as per the Election Commission they are dead,” she said.

She further alleged that names were being deleted under the category of “logical discrepancy,” adding that even noted economist and Nobel laureate Amartya Sen had earlier been questioned regarding the age of his mother.

Questions over timing of voter roll exercise

While stating that she did not oppose the Special Intensive Revision process in principle, Banerjee questioned the timing of the exercise.

“I have no problem with SIR, but why do it on the eve of elections? Why not after elections?” she asked.

Reiterating confidence in her party’s organisational strength, the chief minister said she was prepared to fight the issue politically and democratically.

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Supreme Court raps Meta over WhatsApp privacy policy

The Supreme Court warned Meta that it would not tolerate any compromise of citizens’ privacy while hearing a case related to WhatsApp’s 2021 privacy policy and a CCI penalty.

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WhatsApp

The Supreme Court on Tuesday delivered strong observations against Meta, the parent company of WhatsApp, over the messaging platform’s 2021 privacy policy, warning that it would not tolerate any compromise of citizens’ privacy.

A bench led by Chief Justice Surya said the court would not allow the sharing of user data in a manner that exploits Indians, remarking that privacy protections under the Constitution must be followed. “You can’t play with privacy… we will not allow you to share a single digit of our data,” the Chief Justice said during the hearing.

The matter relates to a plea challenging the law tribunal’s decision that upheld a ₹213 crore penalty imposed by the Competition Commission of India (CCI) on WhatsApp, while also permitting certain data-sharing practices for advertising purposes.

Court questions accessibility of privacy policy

During the hearing, the court raised concerns about whether WhatsApp’s privacy policy could realistically be understood by large sections of the population, particularly those who are poor or not formally educated.

The bench questioned if users such as roadside vendors, rural residents, or people who do not speak English would be able to comprehend the policy’s terms. It also expressed scepticism about the effectiveness of opt-out clauses, stating that even legally trained individuals find such policies difficult to understand.

Describing the alleged data practices as potentially exploitative, the court said it would not allow private information to be taken without genuine and informed consent from users.

The Chief Justice also cited a personal example, suggesting that users often begin seeing advertisements shortly after exchanging sensitive messages on WhatsApp, such as medical conversations, raising questions about how user data is being utilised.

Arguments from government and Meta

Appearing for the government, Solicitor General Tushar Mehta criticised WhatsApp’s data-sharing practices, calling them exploitative and commercially driven. In response, the Chief Justice said that if companies cannot operate in line with constitutional values, they should not do business in India.

Senior advocates Mukul Rohatgi and Akhil Sibal, appearing for Meta and WhatsApp, countered the allegations by asserting that all WhatsApp messages are end-to-end encrypted and that the company cannot read message content.

Background of the case

In November 2024, the CCI ruled against WhatsApp over its 2021 privacy policy, holding that the company had abused its dominant market position by effectively forcing users to accept the updated terms.

The watchdog objected to WhatsApp making continued access to messaging services conditional on permitting data-sharing with other Meta platforms, leading to the imposition of a ₹213 crore fine. Meta has deposited the penalty.

In January 2025, Meta and WhatsApp challenged the CCI order. Later, in November 2025, the law tribunal lifted a five-year restriction on data-sharing while maintaining the financial penalty.

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