In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
The Supreme Court, overseeing the critical National Register of Citizens (NRC) process in Assam, firmly directed the final NRC publication by July 31, 2019. This order balances the immense task of citizenship verification with impending parliamentary elections, underscoring the paramount importance of both national duties. It sets crucial procedural guidelines for claims and objections, impacting millions of lives in Assam.
Case Identifiers
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The Supreme Court considered a report from the State Coordinator, NRC, Assam, regarding the conclusion of claims and objections filing by December 31, 2018. Approximately 36.2 lakh claims and 2 lakh objections were filed. Hearings for these claims were set to begin on February 15, 2019, with a minimum 15-day notice to claimants. The State Coordinator projected a potential delay in the final NRC publication until September 2019 due to upcoming parliamentary elections and requested staff retention. The Court was also apprised of the verification method used for original applications and its proposed adoption for claims inclusion.
Timeline of Events
Process of filing claims and objections for NRC concluded.
Number of claims and objections received by deadline.
Report from State Coordinator, NRC, Assam received by the Court.
Hearings for claims and objections due to commence.
Court-mandated deadline for publication of final NRC.
Report on staff deployment by Committee (State Coordinator, State Government, Election Commission) due to Court.
Next hearing date for the case.
Key Factual Findings
The process of filing of claims and objections for NRC was concluded on 31st December, 2018.
Source: Recited from State Coordinator Report
About 36.2 lakh claims and 2 lakh objections have been filed.
Source: Recited from State Coordinator Report
Hearings are due to commence on and from 15th February, 2019.
Source: Recited from State Coordinator Report
A minimum of 15 days' time would be given to each claimant before the date of hearing.
Source: Recited from State Coordinator Report
The publication of the final NRC may stretch to the end of September, 2019, if current arrangements continue due to Parliamentary Elections.
Source: Recited from State Coordinator Report
Primary Legal Issues
Secondary Legal Issues
Petitioner's Arguments
The petitioner, Assam Public Works, likely advocates for strict adherence to timelines and procedures to ensure a fair and accurate NRC, although specific arguments are not detailed in this short order. Senior Counsel Salman Khurshid, appearing for AAMSU, emphasized the need for a fair hearing for all claimants.
Respondent's Arguments
The State Coordinator, NRC, Assam (Mr. Prateek Hajela) submitted a report detailing the conclusion of claims and objections filing (36.2 lakh claims, 2 lakh objections), the commencement of hearings from February 15, 2019, and the need for a minimum 15-day notice period for claimants. He also highlighted potential delays in final NRC publication until September 2019 due to parliamentary elections and suggested retaining NRC staff to shorten the period. The Attorney General and Solicitor General represented the Union of India and State of Assam respectively, supporting the process.
Court's Reasoning
The Court considered the report from the State Coordinator and the submissions of all parties. It acknowledged the progress of claims and objections but emphasized that the final NRC publication should not be delayed beyond July 31, 2019. The Court recognized the importance of both NRC work and parliamentary elections, directing the relevant authorities (State Coordinator, State Government, and Election Commission) to collaboratively devise a plan for optimal staff deployment. The Court opted not to dictate the specific verification methods, trusting the State Coordinator to ensure fairness and efficiency.
- Emphasis on Timely Justice
- Balancing Competing Public Interests
- Procedural Due Process
- Administrative Oversight
Specific Directions
- 1.The publication of the final NRC should, in no circumstances, be stretched beyond 31st July, 2019.
- 2.Both the preparation of the final NRC and the parliamentary elections should receive equal importance and proceed simultaneously.
- 3.The State Coordinator, State Government, and the Election Commission shall sort out the optimum number of State Government employees for NRC work and election duty.
- 4.The Solicitor General is requested to arrange a meeting of the aforesaid three authorities and report back to the Court on the outcome thereof within seven days.
- 5.The learned State Coordinator is left to adopt such method/methods as may be considered just, proper and appropriate for the verification of claims for inclusion, ensuring a fair hearing and timely publication of final NRC.
Precedential Assessment
Binding (SC)
This is a direct order from the Supreme Court setting deadlines and directing actions for a specific, ongoing public process.
Tips for Legal Practice
Legal Tags
Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.
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 (CIVIL) NO(S). 274/2009
ASSAM PUBLIC WORKS PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S)
(ONLY REPORT DATED 11.01.2019 RECEIVED FROM STATE COORDINATOR, NRC LISTED AGAINST THIS MATTER)
Date : 24-01-2019 This case was called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Parties : Mr. Prateek Hajela, State Coordinator, NRC, Assam – in-person State of Assam Mr. Tushar Mehta, SG Mr. Shuvodeep Roy, Adv. Mr. Rajat Nair, Adv. Mr. Somnath Banerjee, Adv. Mr. Kabir Shankar Bose, Adv. With Ms. L.S. Changsan, Pr. Secy., H & P Mr. Virendra Mittal, Secy. H & P UOI Mr. K.K. Venugopal, AG Mr. Tushar Mehta, SG Ms. Rashmi Malhotra, Adv. Ms. Rekha Pandey, Adv. Mr. R.M. Bajaj, Adv. Ms. Binu Tamta, Adv. Ms. Shradha Deshmukh, Adv. Mr. B.V. Balram Das, AOR Mr. Kailash Prashad Pandey, AOR
ITEM NO.301 COURT NO.1 SECTION PIL-W
Mr./Ms. Arna Das, Adv. Mr. Gaurav Dhingra, AOR Mr. B. Krishna Prasad, AOR Mr. Snehasish Mukherjee, AOR Mr. Shibashish Misra, AOR Mr./Ms. A. Chaliha, Adv. Mr. Shadan Farasat, AOR Mr. R.H.A. Sikander, Adv. Mr. Prateek Gupta, Adv. Mr. Mohit D. Ram, AOR Mr. Krishan Kumar Pandey, Adv. Mr. Mohan Pandey, AOR Ms. Madhumita Bhattacharjee, AOR Mr. Guntur Prabhakar, AOR Mr. Abhijit Sengupta, AOR Mr. Sanand Ramakrishnan, AOR Mr. Avijit roy, AOR for M/s Corporate Law Group, AOR Ms. Rashmi Singhania, AOR Mr. Shavant Vijay, Adv. Ms. Rashmi Nandakumar, AOR
- Mr. Hitesh Kumar Sharma, Adv. Mr. M. Kumar Mishra, Adv.
- Mr. Salman Khurshid, Sr. Adv. Mr. Fuzail Ahmad Ayyubi, AOR Mr. Abdul Qadir, Adv. Mr. Mustafa Khaddam Hussain, Adv. Mr. Ibad Mushtaq, Adv. Ms. Aditi Gupta, Adv. Mr. Jawad Tariq, Adv.
Mr. Mansoor Ali, AOR Mr. A.S. Tapader, Adv. Mr. A.K. Talukdar, Adv. Ms. Rubina Jawed, Adv. Ms. Malvika Trivedi, Adv. Mr. Ankit Yadav, Adv. Mr. T. Mahipal, Adv. Mr. Debojit Borkakati, AOR Mr. Vivek Sankar, Adv. Mr. B.D. Jha, Adv. Mr. Shakeel Ahmad, AOR Ms. Preeti Jha, Adv. Ms. Sadiya Shakeel, Adv. Ms. Priyanka Jha, Adv.
UPON hearing the counsel the Court made the following O R D E R
The matter has been put up for consideration of the report dated 11th January, 2019 of the learned State Coordinator, NRC, Assam.
We have gone through the said report dated 11th January, 2019 and heard Shri K.K. Venugopal, learned Attorney General, Shri Tushar Mehta, learned Solicitor General appearing for the State of Assam, Shri Prateek Hajela, learned State Coordinator, NRC, Assam and Shri Salman Khurshid, learned Senior Counsel appearing for AAMSU.
Shri Prateek Hajela, the learned State Coordinator has submitted that the process of filing of claims and
objections has been concluded on 31st December, 2018 and about 36.2 lakh claims and about 2 lakhs objections have been filed. Presently, notices have been issued for hearing which is due to commence on and from 15th February, 2019. The learned State Coordinator has also submitted that a minimum of 15 days' time would be given to each claimant before the date of hearing so as to enable him to participate effectively in the hearing.
The learned State Coordinator has stated that in view of the Parliamentary Elections that are likely to be held, the publication of the final NRC may stretch to the end of September, 2019 and if some arrangement can be made to retain some of the NRC staff without they being taken for election duty the period could be shortened.
Having considered the matter we are of the view that, in no circumstances, the publication of the final NRC should be stretched beyond 31st July, 2019. Insofar as the deployment of government staff, currently engaged in NRC work, for election duty is concerned we are of the view that both the processes i.e. the preparation of final NRC and the election should receive equal importance and proceeded with simultaneously without one affecting the other.
What should the optimum number of State Government employees presently engaged in NRC work who can be legitimately continued in such work and what should be the number of such employees who can be taken out for election duty without affecting the NRC work is a matter that has to be sorted out between the learned State Coordinator, the State Government and the Election Commission.
Shri Tushar Mehta, learned Solicitor General appearing for the State of Assam has stated that he will arrange a meeting of the aforesaid three authorities i.e. State Coordinator, Secretary of Election Commission and the Chief Secretary of the State of Assam forthwith and report back to this Court on the outcome thereof within seven days. We request Shri Tushar Mehta, learned Solicitor General to proceed in the matter as suggested and ensure that report of the said Committee in the above matter be filed within seven days from today.
Shri Prateek Hajela, learned State Coordinator has also brought the attention of the Court to the manner in which the verification of the original applications was done and has suggested that the same manner should be allowed to be adopted in the process of consideration of claims for inclusion.
Having considered the matter we are of the view that the Court ought not to pass any orders in this regard, and instead leave the matter to the learned State Coordinator to adopt such method/methods as may be considered just, proper and appropriate so as to ensure a fair hearing to all the claimants and, at the same time, to ensure that final NRC be published on the date specified by the Court i.e. 31st July, 2019.
The matter will be listed again on 5th February, 2019 at 3.00 p.m. for consideration of the report that may be submitted by the Committee.
[VINOD LAKHINA] [ANAND PRAKASH]
AR-cum-PS BRANCH OFFICER