In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
The Supreme Court of India has issued crucial directives to advance the highly sensitive National Register of Citizens (NRC) updation process in Assam. This order opens the window for millions to file claims and objections to the final draft NRC, setting strict timelines and specifying admissible documents, thereby shaping the future of citizenship in the state.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The Supreme Court is monitoring the updation of the National Register of Citizens (NRC) in Assam. Following the publication of the final draft NRC on July 30, 2018, the Court addressed the next phase, which is the submission of claims and objections. This order sets the start date (September 25, 2018) and duration (60 days) for this process, specifies a list of ten admissible documents, and defers a decision on five other documents awaiting the State Coordinator's report and considering the Union of India's changed stance. The Court also decided to keep the State Coordinator's report confidential due to sensitive information.
Timeline of Events
Primary Writ Petition (C) No. 274/2009 filed.
Final draft NRC published.
Union of India files an affidavit.
Current order passed by the Supreme Court.
Process for receipt of claims and objections to the final draft NRC to begin.
Shri Prateek Hajela to file his views/comments in a sealed cover.
Next hearing date for the matter.
Key Factual Findings
The process for receiving claims and objections against the final draft NRC must commence.
Source: Current Court Finding
Ten specific documents are deemed permissible for reliance by claimants during the claims and objections process.
Source: Current Court Finding
Five other categories of documents require further review and comments from the State Coordinator, given the Union of India's changed stance.
Source: Current Court Finding
The confidential report(s) filed by Shri Prateek Hajela contain sensitive information that should remain in the custody of the Court for the present.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Questions of Law
Statutes Applied
Petitioner's Arguments
While not detailed in this order, the presence of various senior counsels 'for some of the contesting parties' and for the All Assam Minorities Students' Union suggests arguments aimed at ensuring a fair and inclusive NRC process, potentially advocating for broader document acceptance for claims and objections, and clarity on procedural steps.
Respondent's Arguments
The Attorney General for India, appearing for the Union, argued for the release of the confidential report submitted by the State Coordinator. The Additional Solicitor General, appearing for the State of Assam, likely supported the overall NRC updation process and provided input on its implementation. The State Coordinator was expected to offer views on the admissibility of certain documents, reflecting the Union's 'changed stand'.
Court's Reasoning
The Court decided to initiate the claims and objections process for the NRC to move forward with the updation exercise. It specified ten documents as permissible for claims and objections to provide clarity and streamline the process. Five other documents were kept open for deliberation, acknowledging the Union's changed position and requiring the State Coordinator's expert views. The decision to keep the Project Coordinator's report in sealed cover was based on the 'sensitive nature' of its information, which could potentially impact the entire exercise and future court actions, balancing transparency with the integrity and security of the process.
- Pragmatism in administrative oversight
- Emphasis on procedural fairness for large-scale operations
- Balancing transparency with sensitive national interest
- Active judicial supervision of executive functions
Specific Directions
- 1.The process for receipt of claims and objections in respect of entries in the final draft NRC published on 30th July, 2018, will begin on 25th September, 2018, and will remain open tentatively for 60 days.
- 2.Claimants may rely on any one or more of ten specified documents for filing claims and objections.
- 3.The issue of permissibility for five other documents (Names in NRC, 1951; Names in Electoral Roll upto 24th March, 1971; Citizenship Certificate; Refugee Registration Certificate; Certified copies of pre-1971 Electoral Roll from Tripura; Ration Card) is kept open, pending views/comments from Shri Prateek Hajela, State Coordinator, in light of the Union of India's affidavit dated 17th September, 2018.
- 4.Shri Hajela is directed not to share any information pertaining to the ongoing NRC updation exercise with any Executive, Legislative, or Judicial Authority of the State without leave of the Court.
- 5.Shri Hajela's views on the open documents must be filed within fifteen days in a sealed cover to the Registry of this Court.
- 6.Shri Salman Khurshid, Senior Counsel for All Assam Minorities Students' Union, is permitted to submit written pleas for his application(s) before the next hearing date.
Precedential Assessment
Binding (SC) / Procedural
This is a direct order from the Supreme Court overseeing a specific, large-scale administrative process (NRC updation). Its directions are binding on all authorities and parties involved in the NRC process in Assam. It sets procedural law for this specific context.
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Hon'Ble The Chief Justice Ranjan Gogoi, Hon'ble Rohinton Fali Nariman
Stage:
ORDERS (INCOMPLETE MATTERS / IAs / CRLMPs)
Remarks:
List On (Date) [01-11-2018]
Listed On:
23 Oct 2018
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
10/2013,86036/2018,86040/2018,103961/2018,105327/2018,105666/2018,121861/2018,125524/2018,125532/2018,125538/2018,
Original Order Copy
Get a certified copy of this order
Order Text
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 274/2009
ASSAM PUBLIC WORKS Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(IA NO. 10/2013-INTERVENTION APPLICATION IA NO.86036/2018-CLARIFICATION/DIRECTION IA NO.86040/2018-CLARIFICATION/DIRECTION IA NO. 103961/2018-INTERVENTION APPLICATION IA NO.105327/2018-APPROPRIATE ORDERS/DIRECTIONS IA NO. 105666/2018-EXEMPTION FROM FILING O.T.)
WITH
W.P.(C) NO. 562/2012 (X) (301.1) IA NO.1/2012-STAY APPLICATION IA NO.24/2017 IA NO.25/2017 IA NO.41036/2017-INTERVENTION/IMPLEADMENT APPLICATION IA NO.92739/2018-INTERVENTION APPLICATION
W.P.(C) NO.916/2014 (PIL-W) (301.2) IA 2/2015 FOR [PERMISSION TO FILE ANNEXURES] IA 3/2015 FOR EXEMPTION FROM FILING O.T. AND IA NO.119677/2017-IMPLEADING PARTY) IA NO.1/2014-STAY APPLICATION
W.P.(C) NO.876/2014 (X) (301.3) [IA NO.1/2014-STAY APPLICATION]
W.P.(C) NO.311/2015 (X)(301.4) (IA 2/2015 IA NO.1/2015-SEEKING LEAVE TO FILE WRITTEN ARGUMENTS)
W.P.(C) NO.449/2015 (X) (301.5) (FOR ON IA 1/2015)
W.P.(C) NO.450/2015 (X) (301.6) (IA 1/2015) Digitally signed by VINOD LAKHINA Date: 2018.09.19 16:33:47 IST Reason: Signature Not Verified
ITEM NO.301+ 302 COURT NO.2 SECTION PIL-W/X/XIV
W.P.(C) NO.68/2016 (PIL-W) (301.7) IA NO.1/2017-INTERVENTION APPLICATION
W.P.(C) NO.470/2018 (X) (301.8) (FOR ADMISSION AND I.R. AND IA NO.69948/2018-EXEMPTION FROM FILING O.T.)
DIARY NO.20944/2018 (XIV) (301.9) (FOR ADMISSION AND I.R. AND IA NO.80351/2018-CONDONATION OF DELAY IN FILING AND IA NO.80352/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA NO.80350/2018-PERMISSION TO FILE SLP/TP)
DIARY NO.21214/2018 (XIV) (301.10) (IA NO.84178/2018-CONDONATION OF DELAY IN FILING)
DIARY NO.21368/2018 (XIV) (301.11)
(FOR ADMISSION AND I.R. AND IA NO.82085/2018-CONDONATION OF DELAY IN FILING AND IA NO.82087/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA NO.82088/2018-INTERVENTION/IMPLEADMENT AND IA NO.82084/2018-PERMISSION TO FILE SLP/TP AND IA NO.82086/2018- PERMISSION TO FILE ADDITIONAL DOCUMENTS)
DIARY NO.21377/2018 (XIV) (301.12)
(FOR ADMISSION AND I.R. AND IA NO.92415/2018-CONDONATION OF DELAY IN FILING AND IA NO.92417/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA NO.92411/2018-PERMISSION TO FILE SLP/TP AND IA NO.92419/2018-CONDONATION OF DELAY IN REFILING)
DIARY NO.21959/2018 (XIV) (301.13)
(FOR ADMISSION AND I.R. AND IA NO.82961/2018-CONDONATION OF DELAY IN FILING AND IA NO.82962/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA NO.82959/2018-PERMISSION TO FILE SLP/TP )
W.P.© NO.1047/2018 (X) (302) (FOR ADMISSION and IA No.125802/2018-EXEMPTION FROM FILING O.T.)
Date : 19-09-2018 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Parties : Mr. K.K. Venugopal, Attorney General Mr. Tushar Mehta, ASG Mr. Raghavendra Mohan Bajaj, Adv. Mr. Binu Tamta, Adv. Ms. Shraddha Deshmukh, Adv. Ms. Rekha Pandey, Adv. Mr. Rohit Bhatt, Adv. Mr. Rajat Nair, Adv. Mr. B.V. Balaramdas, AOR Mr. B.K. Prasad, AOR Mr. Kapil Sibal, Sr. Adv. Ms. Indira Jaising, Sr. Adv. Mr. Salman Khurshid, Sr. Adv. Mr. Fuzail Ahmad Ayyubi, AOR Mr. Abdul Qadir, Adv. Mr. Mustafa K. Hussain, Adv. Mr. Paras Nath Singh, Adv. Ms. Tehsina Z.Hussain, Adv. Ms. Lubna Naaz, Adv. Mr. Ibad Mushtaq, Adv. Ms. Aditi Gupta, Adv. Mr. Nizam Pasha, Adv. Mr. Tushar Mehta, ASG Mr. A.K. Sinha, Sr. Adv. Ms. Kiran Bhandari, Adv. Mr. Raj Bahadur, Adv. Ms. Anil Katiyar, AOR Mr. Tushar Mehta, Sr. Adv. Mr. Shuvodeep Roy, AOR Mr. Rajat Nair, Adv. Mr. Somnath Banerjee, Adv. Ms. L.S. Changsan, Principal Secy. Mr. Tushar Mehta, ASG Mr. Ajit Kumar Sinha, Sr. Adv. Ms. Kiran Bhardwaj, Adv. Mr. Raj Bahadur, Adv. Mr. Arun Kumar Yadav, Adv. Ms. Anil Katiyar, AOR
Mr. Sidharth Luthra, Sr. Adv. Ms. Rashmi Singhania, AOR
Mr. B.H. Marlapalle, Sr.Adv. Mr. B.D. Jha, Adv. Mr. Shakeel Ahmed, AOR Ms. Preeti Jha, Adv. Ms. Sadiya Shakeel, Adv. Ms. Priyanka Jha, Adv. Mr. B.H. Marlapalle, Sr.Adv. Mr. Mansoor Ali, AOR Mr. A.S. Tapadar, Adv. Mr. Ajit Wagh, Adv. Mr. V.Giri, Sr. Adv. Mr. Shakil Ahmad Syed, AOR Mr. Mohd. Parvez Dabas, Adv. Mr. Uzmi Jameel Husain, Adv. Mr. A.S. Tapadar, Adv. Mr. S.S. Kazi, Adv. Mr. Kamal Nayan Chaudhary, Sr. Adv. Mr. Manish Goswami, Adv. Mr. Rameshwar Prasad Goyal, AOR Mr. Manan Kumar, Mishra, Sr. Adv. Ms. Anjul Dwivedi, Adv. Mr. Anjani Kumar Mishra, AOR Mr. Shakil Ahmad Syed, AOR Mr. Mohd. Parvez Dabas, Adv. Mr. Uzmi Jameel Husain, Adv. Mr. Daanish Ahmad Syed, Adv. Mr. Umesh Babu Chaurasia, Adv. Mr. Arun Adlakha, Adv. Ms. Manjula Chaurasia, Adv. Mr. D.K. Sinha, AOR Ms. Aruna Mathur, Adv. Ms. Anuradha Arputham, Adv. Mr. Avneesh Arputham, Adv. For M/s. Arputham Aruna & Co., AOR Mr. Mansoor Ali, AOR Mr. Helal Uddin Choudhury, Adv. Ms. Anitha Shenoy, Adv. Ms. Rashmi Nandakumar, Adv. Ms. Srishti Agnihotri, Adv.
4
Ms. Remya Raj, Adv. Ms. Nidhi Banga, Adv. Mr. Kailash Prasad Pandey, AOR Mr. Sarad Kumar Singhania, Adv. Mr. Milind Kumar, AOR Mr. Shuvodeep Roy, AOR Mr. Rituraj Biswas, Adv. Ms. G. Indira, AOR Mr. K.V. Jagdishvaran, Adv. Ms. Arna Das, Adv. Mr. Gaurav Dhingra, AOR Mr. Mehmood Pracha, Adv. Mr. Shadan Farasat, AOR Mr. A. Chaliha, Adv. Mr. Ranjan Mukherjee, AOR Mr. K.V. Kharlyngdoh, Adv. Mr. Aviral Saxena, Adv. Ms. Rachana Srivastava, AOR Mr. Leishangthem Roshmani Kh, AOR Ms. Maibam Babina, Adv. Ms. Anupama Ngangom, Adv. Mr. Syed Ali Ahmad, Adv. Mr. Syed Tanweer Ahmad, Adv. Mr. S.S. Bandyopadhyay, Adv. Mr. Nasrul Haque Manzarbhuiyan, Adv. Mr. Mohan Pandey, AOR Mr. Debojit Borkakati, AOR Mr. Vivek Sonkar, Adv. Mr. Santi Ranjan Das, Adv. Mr. D.K. Mishra, Adv. Mrs. Sarla Chandra, AOR Mr. Prashant Bhushan, Adv. Mr. Somesh Chandra Jha, AOR. Mr. Syed Burhanur Rahman, Adv. Mr. Cherul D' Souza, Adv.
| Mrs. D. Bharathi Reddy, AOR<br>Ms. Rachna Gandhi, Adv. | |
|---|---|
| Mr. A.S. Tapadar, Adv.<br>Mr. Mansoor Ali, AOR<br>Ms. Rubina Jawed, Adv.<br>Mr. Chandan Kumar Mandal, Adv. | |
| Mr. Mansoor Ali, AOR<br>Ms. Rubina Jawed, Adv. | |
| Guahati HC | Ms. Sneha Kalita, AOR |
| Mr. Prateek Jalan, adv.<br>Ms. Malvika Trivedi, Adv.<br>Mr. Ankit Yadav, Adv.<br>Mr. Rahul Kripalani, Adv.<br>Mr. T. Mahipal, Aor | |
| Mr. Sunil Murarka, Adv.<br>Mr. S.P. roy, Adv.<br>Mr. Partha Sil, AOR<br>Mr. Tavish B. Prasad, Adv. | |
| Mr. Anil Kumar Pandey, Adv.<br>Mr. Sunny Chaudhary, AOR | |
| Mr. Merusagar Samantray, AOR<br>Mr. Salvedor Santosh Rebello, Adv. | |
| Mr. Pradeep Misra, AOR<br>Mr. Aditya Kr. Dubey, Adv. | |
| Mr. Pradeep Misra, AOR<br>Mr. Aditya K. Dubey, Adv.<br>Mr. Suraj Singh Adv. | |
| Mr. A.P. Mayee, AOR<br>Mr. Chirag Jain, Adv. | |
| Mr. Sanand Ramakrishnan, AOR.<br>Mr. Rajeev Mishra, Adv.<br>Mr. Sanjay Kumar Chhetry, Adv.<br>Mr. Madan M. Bora, Adv. |
Mr. Suhaan Mukerji, Adv. Ms. Astha Sharma, Adv. Mr. Amit Verma, Adv. Mr. Abhishek Manchanda, Adv. Ms. Dimple Nagpal, Adv. Mr. Arun Adlakha, Adv. Ms. Sarla Chandra, AOR Ms. Ranjeeta Rohatgi, AOR Ms. Diksha Rai, AOR. (Standing counsel for the State of Assam) Ms. Palak Mahajan, Adv. Mr. M. Shoeb Alam, AOR M/s. K.J. John & Co. Mr. Somiran Sharma, AOR Mr. Kailash Prashad Pandey, AOR Mr. S.Udaya Kumar Sagar, AOR Mr. M.Yogesh Kanna, AOR Mr. Barhm Dev jha, AOR Mr. Shakil Ahmed Syed, AOR M/S. PLR Chambers And Co., AOR Ms. Madhumita Bhattacharjee, AOR Mr. Abhijit Sengupta, AOR Mr. Avijit Roy, AOR Mr. Mohit D. Ram, AOR Mr. Guntur Prabhakar, AOR Mr. Snehasish Mukherjee, AOR Mr. Shibashish Misra, AOR
- Mr. Praveen Swarup, AOR
- Ms. Ruchi Kohli, AOR
- Mr. Milind Kumar, AOR
- Mr. Parijat Sinha, AOR
- Ms. Rachana Srivastava, AOR
- Ms. Hemantika Wahi, AOR
- Ms. K. Enatoli Sema, AOR
- Mr. B. Balaji, AOR
- Mr. Kuldip Singh, AOR
- Ms. Liz Mathew, AOR
- Mr. Tapesh Kumar Singh, AOR
- Mr. C. K. Sasi, AOR
- Ms. Abha R. Sharma, AOR
- Mr. Abhishek, AOR
- Mr. Jugal Kishore Gilda, AG
- Mr. P. V. Yogeswaran, AOR
- Mr. Anuvrat Sharma, AOR
- Mr. Ashok Kumar Singh, AOR
- Mr. Abhinav Mukerji, AOR
- M/S. K J John And Co, AOR
- Mr. Chanchal Kumar Ganguli, AOR
- Mr. V. N. Raghupathy, AOR
- Mr. Gopal Singh, AOR
- Ms. Sushma Suri, AOR
Mr. V. K. Sidharthan, AOR
M/S. Corporate Law Group, AOR
UPON hearing the counsel the Court made the following O R D E R
Having heard Shri K.K. Venugopal, learned Attorney General for India appearing for the Union of India, Shri Tushar Mehta, learned Additional Solicitor General appearing for the State of Assam, Shri Prateek Hajela, learned State Coordinator, Shri Kapil Sibal and Ms. Indira Jaising and Mr. K.N. Chaudhary, learned Senior Counsels appearing for some of the contesting parties we are of the view that the order that would be required to be passed at this stage is to open the process for receipt of claims and objections in respect of entries in the final draft NRC published on 30th July, 2018. The said process of receipt of claims and objections will now begin on and from 25th September, 2018 and will be remain open, tentatively, for a period of 60 (sixty) days effective from 25th September, 2018. We make it clear that insofar as filing of claims and objections are concerned it will be open for the claimants to rely on any one or more of the following ten (10) documents.
- i. Land documents like Registered Sale Deed, Records of land rights upto 24th March, 1971 (midnight).
- ii. Permanent Residential Certificate issued from outside the State upto 24th March, 1971 (midnight)
- iii. Passport issued by the Government of India upto 24th March, 1971 (midnight)
- iv. Life Insurance Corporation of India Insurance Policy (LICI) of relevant period upto 24th March, 1971 (midnight)
- v. Any license/certificate issued by any Government authority of relevant period i.e. upto 24th March, 1971 (midnight)
- vi. Document showing service/employment under Government/Public Sector undertaking upto 24th March, 1971 (midnight)
- vii. Bank/Post Office Accounts of relevant period i.e. upto 24th March, 1971 (midnight)
- viii. Birth Certificates issued by the competent authority upto 24th March, 1971 (midnight)
- ix. Educational certificate issued by Board/Universities upto 24th March, 1971 (midnight)
- x. Records/processes pertaining to court upto 24th March, 1971 (midnight) provided they are part of a processing in a Judicial or Revenue Court.
Insofar as the documents set out below are concerned the issue is kept open till such time that the learned Project Coordinator Shri Prateek Hajela offers his views/comments with regard to the statements made in the affidavit of the Union of India dated 17th September, 2018 as contained in paragraph 7 and paragraph 11 (Para 4(ii)) are concerned.
Documents kept open
(i) Names in NRC, 1951;
(ii) Names in Electoral Roll upto 24th March, 1971;
(iii) Citizenship Certificate; and Refugee Registration Certificate;
(iv) Certified copies of pre-1971 Electoral Roll, particularly, those issued from the State of Tripura; and (v) Ration Card
Shri Hajela will offer his views on the permissibility of introduction of any one or more of the above documents, at this stage of the updation process, in the light of the changed stand of the Union of India as contained/available in the aforesaid paragraph of the affidavit dated 17th September, 2018.
We have also considered the Confidential Report/Reports filed by Shri Prateek Hajela which has/have been placed before us in a sealed cover(s). Though Shri K.K. Venugopal, learned Attorney General for India has stated that a copy of the said report/reports be made available to the Union of India, we are of the view that having regard to the sensitive nature of some of the information contained therein which may affect the entire exercise undertaken and also the exercise that may be required to be undertaken by the Court the said report/reports should remain in the custody of the Court for the present. The request of the learned Attorney General for India will be considered on the next date fixed. In the meantime, we direct Shri Hajela not to share any information pertaining to the ongoing exercise of updation of the NRC with any Executive, Legislative or Judicial Authority of the State without leave of the Court.
The matter will be listed once again on 23rd October, 2018 at 2.00 p.m.
The views of Shri Hajela in terms of the present order be filed within fifteen (15) days from today in a sealed cover to the Registry of this Court. Further orders will follow on the next date fixed.
Shri Salman Khurshid, learned Senior Counsel appearing for All Assam Minorities Students' Union is permitted to submit in writing the pleas that he would like to urge at the time of hearing of his application(s) on the next date fixed.
W.P.(C) NO.1047/2018 [ITEM NO.302]
Heard the learned counsel for the petitioner and perused the relevant material.
Issue notice.
[VINOD LAKHINA] [ASHA SONI] AR-cum-PS ASSISTANT REGISTRAR