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22nd December – Editorials/Opinions Analyses

Contents

  1. Explained: What connects the NPR, NRIC and Census?
  2. NCLAT Explained

EXPLAINED: WHAT CONNECTS THE NPR, NRIC AND CENSUS?

How is the National Population Register compiled? How is it related to citizenship and the decennial census? And, can States refuse cooperation with the NPR process?

The NPR, a register of residents of the country with demographic and biometric details, was supposed to be prepared between April 2020 and September 2020 ahead of the Census slated for 2021.
According to Section 14A of the Citizenship Act, 1955 (which was inserted in 2004), the Central Government may compulsorily register every citizen of India and issue a national identity card to him; and it may maintain a National Register of Indian Citizens.

What is the National Population Register (NPR)?

The NPR is a database containing a list of all usual residents of the country.

A usual resident for the purposes of NPR is a person who has resided in a place for six months or more, and intends to reside there for another six months or more.

The NPR collects basic demographic data and biometric particulars.

And, once the details are recorded in every local (village or ward), sub-district (tehsil or taluk), district and State level, there will be a population register at each of these levels. Together, they constitute the National Population Register.

What is the legal basis for the NPR?

While the census is legally backed by the Census Act, 1948, the NPR is a mechanism outlined in a set of rules framed under the Citizenship Act, 1955.

Section 14A was inserted in the Citizenship Act, 1955, in 2004, providing for the compulsory registration of every citizen of India and the issue of a “national identity card” to him or her.

Is there any link between the NPR and Aadhaar?

Those already enrolled for Aadhaar need not give their biometric details again during NPR. At the same time, data captured for NPR would be sent to UIDAI for “de-duplication”.

In case of discrepancy between Aadhaar and NPR data, the latter would prevail. The present regime decided to update the NPR originally created after the 2011 Census.

What will happen after the NPR is compiled?

Out of the NPR, a set of all usual residents of India, the government proposes to create a database of “citizens of India”. Thus, the “National Register of Indian Citizens” (NRIC) is a sub-set of the NPR.

The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 spells out the rules for operationalising the idea of registering all citizens and issuing national identity cards to them.

Is the NRIC complete after this step?

No. A draft of the Local Register of Indian Citizens shall be published to invite objections or claims for inclusion or corrections.

Any objection or request for inclusion must be made within 30 days of the publication of the draft. .

Any person aggrieved by an exclusion order can appeal to the District Registrar within 30 days, and the appeal should be disposed of within 90 days. In case, the appeal succeeds, the names of those concerned would be added to the NRIC.

What are the documents that would help establish citizenship?

The government says any document that shows date of birth or place of birth, or both, will be sufficient. And that common documents will be accepted, and those unable to produce documents may produce witnesses or other proof supported by members of the community.

Many State governments have said the NPR would not be Implemented. Is this possible?

As of now, this is a political decision.

As the house-to-house enumeration is a part of the Census operation, it is unlikely that the NPR process can go ahead without State governments agreeing to deploy their staff for the purpose.

The legal position is that while the Centre is in charge of the census, the State governments are expected to provide staff whenever required.

What is the relationship between the NPR and the Citizenship (Amendment) Act?

There is no direct link.


EXPLAINED: NCLAT

National Company Law Appellate Tribunal (NCLAT)

  • It was constituted under Section 410 of the Companies Act, 2013 for hearing appeals against the orders of National Company Law Tribunal.
  • NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by NCLT(s) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC).
  • NCLAT is also the Appellate Tribunal for hearing appeals against the orders passed by Insolvency and Bankruptcy Board of India under Section 202 and Section 211 of IBC.
  • NCLAT is also the Appellate Tribunal to hear and dispose of appeals against any direction issued or decision made or order passed by the Competition Commission of India (CCI).

The new board at IL&FS had classified IL&FS group companies into three categories, namely ‘green’, ‘amber’ and ‘red’ based on their financial health and ability to service debt obligations to secured and unsecured creditors.

  • Red Companies: are those with no cash and not in a position to pay any creditor.
  • Amber companies: are those with enough to pay secured creditors but not unsecured creditors.
  • Green companies: are those firms which have enough money to service all their debts, to the secured as well as unsecured creditors.
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