Citizenship of kids of migrants; SC refers it to Const. Bench

The Supreme Court today referred to a constitutional bench the question whether the children of illegal migrants born here can avail the benefit of citizenship under the existing law.
"We are referring to the Constitution bench the question as to the whether the children of illegal migrants would get the benefit of Section 3 of the Citizenship Act, as amended," a bench of justices Ranjan Gogoi and R F Nariman said.
The bench, which is hearing various pleas arising out of its verdict on PILs on influx of illegal Bangladeshi migrants to Assam, however, decided to keep monitoring implementation of its directions.

The apex court had, in December last year, passed a slew of directions, including an order to the Centre to complete fencing work along India-Bangladesh border within three months to check cross-border influx of illegal Bangladesh nationals into Assam and streamline the process to deport them back.
It had also laid a time-table for updating of National Register of Citizens (NRC) in Assam so that the entire updated NRC is published by the end of January, 2016.
The bench today rejected the plea of Assam government seeking extension of the deadline of January 31 next year fixed for completion of the NRC in the state.

It rather appointed a panel of three former High Court judges, headed by Justice Aftab H Saikia, to monitor the NRC updation.

The bench also asked Prateek Hajela, State Coordinator, NRC, Assam to follow the instructions and guidelines "issued or to be issued" by the Registrar General of India in the registering the residents in NRC.
It also asked NRC to consider request for registration in the National Register of Citizens (NRC) in Assam by persons who were not residents of the state till March 24, 1971, if they provide proof of their citizenship of other Indian states.
"We expect all civic and police authorities to act faithfully and diligently to ensure updation of NRC," it said.