SC to take up on June 2, pleas of Assam students unions on denial of ILP system

The Supreme Court is likely to take up on June 2, pleas of two Assam Students Unions challenging the Presidential order to amend the Bengal Eastern Frontier Regulation (BEFR), 1873 to deny the State an inner-line permit (ILP) system to insulate it from the Citizenship Amendment Act (CAA). The pleas of All Tai Ahom Students’ Union and Asom Jatiyatabadi Yuba Chatra Parishad which was listed for hearing on Friday before a bench headed by Chief Justice S A Bobde, will now be taken up on June 2, according to the circular issued by the apex court.

The All Tai Ahom Students’ Union and Asom Jatiyatabadi Yuba Chatra Parishad has challenged the presidential order of December 11, 2019 to amend the BEFR calling it “unconstitutional”. The plea of All Tai Students’ Union filed through advocate Kaushik Choudhury said that the President passed the order for amendment under Article 372 (2) of the Constitution, although as per Article 372 (3), he has the power to do so for only three years from the date of enactment of the Constitution, that is till 1953. Both the Students Unions have sought inner line system in the state to protect them from the effect of Citizenship (Amendment) Act (CAA) especially from through who have come from Bangaldesh.

Many Students Union of the state have been protesting against the CAA and wanted implementation of ILP in the state saying that under the BEFR, the inner line permit system was very much prevalent in some undivided districts of Assam. On December 11, the President has signed an order extending the inner line permit (ILP) regime to Manipur. To visit the ILP-regime states, outsiders, including people from other states of the country, need to take permission. There are also protection for the locals with regards to lands, jobs and other facilities. Manipur is the fourth state after Arunachal Pradesh, Nagaland and Mizoram where the ILP regime is applicable.

The ILP regime is applicable under the BEFR, 1873. In terms of Section 2 of the Bengal Eastern Frontier Regulations (BEFR), 1873, citizens of other states require ILP for visiting these three states. The main objective of the ILP system is to prevent settlement of other Indian nationals in the three states in order to protect the indigenous population.

There have been widespread protests in the Northeastern States against the new Citizenship law following which the Centre announced that the Act will not be applicable in ILP regime states and areas governed under the Sixth Schedule of the Constitution. Under the Sixth Schedule of the Constitution, autonomous councils and districts were created in certain tribal areas in Assam, Meghalaya and Tripura. The autonomous councils and districts enjoy certain executive and legislative powers.

According to the Citizenship (Amendment) Bill, 2019 members of Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities, who have come from Pakistan, Bangladesh and Afghanistan, till December 31, 2014 facing religious persecution there, will not be treated as illegal immigrants but given Indian citizenship..