Writ Petition for direction, 'originally inhabitants of State of Assam', disposed off. Supreme Court Judgment
December 6, 2017
The Supreme Court disposed of a batch of petitions seeking directions from the Court as to the manner in which the expression "originally inhabitants of the State of Assam" appearing in Clause 3(3) of the Schedule (Special Provisions as to manner of Preparation of National Register of Indian Citizen in State of Assam) to the Citizenship (Registration of Citizens and Issues of National Identity Cards) Rules, 2003, is to be understood and furthermore for directions laying down the procedure by which such persons are required to be identified.
A Bench of Justice Ranjan Gogi and Justice Rohinton Fali Nariman heard the Writ Petitioners and IA applicants, examined the issue seeking clarification as to the meaning of the term "originally inhabitants of State of Assam", disposed off the matter and passed Judgment on December 5, 2017.
The Bench observed that:
"Clause 3(3) provides for identification of persons entitled to be included
in the National Register of Citizens (NRC) by a process different from what is
enumerated in Clause 3(2) and, therefore, the said Clause i.e. 3(3) constitutes
an exception thereto. Clause 3(3) contemplates a less strict and vigorous
process for deciding claims for inclusion in the NRC insofar as persons who are
originally inhabitants of the State of Assam are concerned. Identification of
persons who are originally inhabitants of the State of Assam as against those
who are not does not determine any entitlement for inclusion in the NRC which is
on the basis of proof of citizenship alone and nothing else. Neither does such
identification confer any special entitlement or benefit. This has, infact, been
clarified in several of the reports submitted by the learned Coordinator before
this Court."
The court also observed that:
"The prayer made in the writ petitions and the Intervention Applications, as admitted in the
course of the hearing by the learned counsels for the writ
petitioners/applicants, is founded on an apprehension that by the process of
verification of the claims for inclusion in the NRC based on the claim to be
originally inhabitants of the State of Assam a superior class of citizens is
being created. The question who is originally inhabitant of the State of Assam,
according to the applicants and the writ petitioners, may also have impact on
the entitlement of such persons in the matter of opportunities for education,
employment etc. vis-a-vis the second category of citizens i.e. who are not
originally inhabitants of Assam."
The court said that "All such apprehensions are wholly unfounded. The
exercise of upgradation of NRC is not intended to be one of identification and
determination of who are originally inhabitants of the State of Assam. The sole
test for inclusion in the NRC is citizenship under the Constitution of India and
under the Citizenship Act including Section 6A thereof. Citizens who are
originally inhabitants/residents of the State of Assam and those who are not are
at par for inclusion in the NRC."
The court disposed off the petition with a conclusion that: "We do not find
any reason to issue any direction or clarification as to the meaning of the term
"originally inhabitants of the State of Assam" as sought for in the present Writ
Petitions and the Interlocutory Application (s) which are accordingly disposed
of in terms of our directions and observations as above."
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Read the Judgment of Supreme Court dated 05.12.2017