Case Note & Summary
The Supreme Court was dealing with a writ petition concerning the preparation of the National Register of Citizens (NRC) in Assam. The Court had earlier directed the State Coordinator, Shri Prateek Hajela, to issue a public notice inviting stakeholders to contest certain proposals in his report dated 10 July 2019. The report contained suggestions regarding the inclusion of descendants of D Voters (DV), Declared Foreigners (DF), and persons with cases pending before Foreigners Tribunals or other courts (PFT). Specifically, paragraph 7(a) proposed that if the parent through whom legacy is drawn is a DV/DF/PFT, the descendant should not be included in the NRC regardless of the other parent's status. Paragraphs 7(b) and (c) proposed that for persons born before 3 December 2004, if the legacy parent is clear but the other parent is a DV/DF/PFT, the descendant may be included; for those born on or after 3 December 2004, inclusion is barred if either parent is a DV/DF/PFT. Several interlocutory applications were filed opposing paragraph 7(a) on the ground that it contravenes Section 3(1)(a) of the Citizenship Act, 1955, which confers citizenship by birth for persons born in India between 26 January 1950 and 1 July 1987. The Court noted that the interpretation of Section 3(1)(a) and (b) is pending before a Constitution Bench in Writ Petition (Civil) No.311 of 2015. The Court found that paragraphs 7(b) and (c) are in consonance with Section 3(1)(b) and (c) and the Standard Operating Procedure, and allowed the State Coordinator to act on them subject to the Constitution Bench's decision. Regarding paragraph 7(a), the Court did not decide the issue but noted the pending constitutional reference. The Court also referred to Rule 4A of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, which provides special provisions for Assam NRC preparation based on legacy documents proving residence up to 24 March 1971. The Court did not rule on the validity of IMDT orders for NRC purposes.
Headnote
A) Citizenship Law - NRC in Assam - Inclusion of Descendants - Section 3(1)(a), (b), (c) of the Citizenship Act, 1955 - The court considered the State Coordinator's proposal regarding descendants of D Voters/Declared Foreigners/PFTs. For persons born before 3 December 2004, if the legacy parent is clear, inclusion is allowed even if the other parent is a DV/DF/PFT. For persons born on or after 3 December 2004, inclusion is barred if either parent is a DV/DF/PFT. The court approved these proposals subject to the outcome of pending Constitution Bench matters. (Paras 5-6) B) Citizenship Law - NRC in Assam - Section 3(1)(a) Citizenship Act, 1955 - The court noted that the objection to paragraph 7(a) of the report (excluding descendants where the legacy parent is DV/DF/PFT) was based on Section 3(1)(a) (citizenship by birth). However, the court did not finally decide this issue as it is pending before a Constitution Bench. (Paras 4, 6-7) C) Citizenship Law - NRC in Assam - Rule 4A of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 - The court highlighted the special provisions for Assam NRC preparation, which rely on legacy documents proving residence up to 24 March 1971, including NRC 1951 and electoral rolls. (Paras 7-8) D) Citizenship Law - NRC in Assam - Validity of IMDT Orders - The State Coordinator sought clarification on the acceptability of orders under the Illegal Migrants (Determination by Tribunal) Act. The court did not decide this issue, leaving it for future consideration. (Para 8)
Issue of Consideration
Whether descendants of D Voters/Declared Foreigners/Pending Foreigners Tribunal cases, where one parent is clear and the other is not, can be included in the updated NRC in Assam, and whether orders under the IMDT Act are valid for NRC purposes.
Final Decision
The Court allowed the State Coordinator to act on the proposals in paragraphs 7(b) and (c) of the report dated 10 July 2019, subject to the orders to be passed in Writ Petition (Civil) No.311 of 2015 pending before a Constitution Bench. The Court did not decide on paragraph 7(a) or the validity of IMDT orders, leaving those issues for future determination.
Law Points
- Citizenship Act
- 1955
- Section 3(1)(a)
- Section 3(1)(b)
- Section 3(1)(c)
- Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules
- 2003
- Rule 4A
- National Register of Citizens (NRC) in Assam
- Legacy documents
- Declared Foreigner
- D Voter
- Pending Foreigners Tribunal cases
