From UPSC perspective, the following things are important :
Prelims level : ILP, NRC, CAA
Mains level : Debate over CAA
The Supreme Court has declined to stay the operation of a Presidential order which petitioners claimed deprived Assam of the powers to implement the Inner Line system in its districts and limit the applicability of the Citizenship (Amendment) Act.
Q. The NRC fails to resolve the illegal immigration issue in Assam. Critically Analyse.
In light of the ongoing pandemic, the fumes of protests over NRC/CAA have somewhat vanished. However, one must not forget the fundamental linkages between the NPR/NRC/CAA/ILP etc.
The Inner Line
- A concept drawn by colonial rulers, the Inner Line separated the tribal-populated hill areas in the Northeast from the plains.
- To enter and stay for any period in these areas, Indian citizens from other areas need an Inner Line Permit (ILP).
- Arunachal Pradesh, Nagaland and Mizoram are protected by the Inner Line, and lately, Manipur was added.
- The concept originates from the Bengal Eastern Frontier Regulation Act (BEFR), 1873.
- The policy of exclusion first came about as a response to the reckless expansion of British entrepreneurs into new lands which threatened British political relations with the hill tribes.
- The BEFR prohibits an outsider’s — “British subject or foreign citizen” — entry into the are beyond the Inner Line without a pass and his purchase of land there.
- On the other hand, the Inner Line also protects the commercial interests of the British from the tribal communities.
- After Independence, the Indian government replaced “British subjects” with “Citizen of India”.
- Today, the main aim of the ILP system is to prevent settlement of other Indian nationals in the States where the ILP regime is prevalent, in order to protect the indigenous/tribal population.
How is it connected to the Citizenship Amendment Act?
- The CAA, which relaxes eligibility criteria for certain categories of migrants from three countries seeking Indian citizenship, exempts certain categories of areas, including those protected by the Inner Line system.
- Amid protests against the Act, the Adaptation of Laws (Amendment) Order, 2019, issued by the President, amended the BEFR, 1873, extending it to Manipur and parts of Nagaland that were not earlier protected by ILP.
What is the petition now?
- The petition was against the Presidential order. It said the order took away the Assam government’s permissive power to implement the ILP.
- This could have made the CAA inapplicable in these areas, the petition said.
- The CAA has given fresh legs to the demand.