In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice Ranjan Gogoi, Rohinton Fali Nariman
Case Status:Disposed
Order Date:18 Oct 2019
CNR:SCIN010161132009

AI Summary

This Supreme Court order addresses critical interlocutory applications within the long-running Assam Public Works case, a landmark public interest litigation concerning India's Citizenship Act and the National Register of Citizens. The applications have been disposed of, paving the way for the full judgment, which carries immense implications for millions in Assam regarding their citizenship status.

Case Identifiers

Primary Case No:Writ Petition (C) No.274/2009
Case Type:Writ Petition (C)
Case Sub-Type:Public Interest Litigation - Citizenship Act 6A / NRC
Secondary Case Numbers:16113/2009, 114781/2019, 114788/2019, 114807/2019, 114814/2019, 116964/2019, 117074/2019, 117697/2019, 117689/2019
Order Date:2019-08-13
Filing Year:2009
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble Ranjan Gogoi, Hon'ble Rohinton Fali Nariman

Petitioner's Counsel

Kailash Prashad Pandey
Advocate on Record - Appeared

Respondent's Counsel

Shuvodeep Roy
Advocate on Record - Appeared
Satariio Das
Advocate - Appeared
Fuzail Ahmad Ayyubi
Advocate on Record - Appeared
Abdul Qadir
Advocate - Appeared
Ibad Mushtaq
Advocate - Appeared
Aditi Gupta
Advocate - Appeared
Diksha Rai
Advocate on Record - Appeared
Palak Mahajan
Advocate - Appeared
Gaurav Dhingra
Advocate on Record - Appeared
B. Krishna Prasad
Advocate on Record - Appeared
T. Mahipal
Advocate on Record - Appeared
Mohan Pandey
Advocate on Record - Appeared
Snehasish Mukherjee
Advocate on Record - Appeared
Shibashish Misra
Advocate on Record - Appeared
Shadan Farasat
Advocate on Record - Appeared
Mohit D. Ram
Advocate on Record - Appeared
Madhumita Bhattacharjee
Advocate on Record - Appeared
Guntur Prabhakar
Advocate on Record - Appeared
B.V. Balaram Das
Advocate on Record - Appeared
Abhijit Sengupta
Advocate on Record - Appeared
Sneha Kalita
Advocate on Record - Appeared
Sanand Ramakrishnan
Advocate on Record - Appeared
Mohit Chaudhary
Advocate on Record - Appeared
Avijit Roy
Advocate on Record - Appeared
M/s. Corporate Law Group
Advocate on Record - Appeared
Somesh Chandra Jha
Advocate on Record - Appeared
Rashmi Singhania
Advocate on Record - Appeared
Rashmi Nandakumar
Advocate on Record - Appeared
Mansoor Ali
Advocate on Record - Appeared
Rubina Jawed
Advocate - Appeared
A.S. Tapadar
Advocate - Appeared
Ajit Wagh
Advocate - Appeared
Aparna Bhat
Advocate on Record - Appeared
Karishma Maria
Advocate - Appeared

Advocates on Record

Kailash Prashad Pandey
Shuvodeep Roy
Fuzail Ahmad Ayyubi
Diksha Rai
Gaurav Dhingra
B. Krishna Prasad
T. Mahipal
Mohan Pandey
Snehasish Mukherjee
Shibashish Misra
Shadan Farasat
Mohit D. Ram
Madhumita Bhattacharjee
Guntur Prabhakar
B.V. Balaram Das
Abhijit Sengupta
Sneha Kalita
Sanand Ramakrishnan
Mohit Chaudhary
Avijit Roy
M/s. Corporate Law Group
Somesh Chandra Jha
Rashmi Singhania
Rashmi Nandakumar
Mansoor Ali
Aparna Bhat

eCourtsIndia AITM

Brief Facts Summary

This order is a record of proceedings in Writ Petition (Civil) No. 274/2009, a public interest litigation filed by Assam Public Works against the Union of India, primarily concerning the National Register of Citizens (NRC) and Section 6A of the Citizenship Act, 1955. On August 13, 2019, the Supreme Court pronounced a 'Reportable order' disposing of multiple interlocutory applications. These applications included requests for intervention, impleadment, directions, and the recalling of a previous order dated July 23, 2019. The bench comprised the Chief Justice of India and Justice Rohinton Fali Nariman.

Timeline of Events

2009-05-25

Filing of the main Writ Petition (C) No. 274/2009.

2019-07-23

A prior order was passed, which some interlocutory applications sought to recall.

2019-08-13

Supreme Court pronounced a Reportable order, disposing of various interlocutory applications related to intervention, impleadment, directions, and recalling the order dated 23.7.2019.

2024-10-17

Indicated date of final disposition for the main Writ Petition (C) No. 274/2009 (from case data).

Key Factual Findings

Interlocutory applications [114781, 114788, 114807, 114814, 116964, 117074, 117697, 117689] are disposed of.

Source: Current Court Finding

A prior order dated 23.7.2019 existed and was sought to be recalled by some applications.

Source: Recited from Court Record

Primary Legal Issues

1.Constitutional validity and interpretation of Section 6A of the Citizenship Act, 1955
2.Process and implementation of the National Register of Citizens (NRC) in Assam

Secondary Legal Issues

1.Procedural aspects of disposing of interlocutory applications
2.Judicial review of administrative processes related to citizenship determination

Statutes Applied

The Citizenship Act
Section 6A
Central to the main Writ Petition, concerning citizenship in Assam.

Court's Reasoning

The order states that the applications were disposed of in terms of a 'signed Reportable order,' implying that the detailed reasoning for the disposal of the interlocutory applications is contained within the comprehensive main order or judgment being pronounced on this date, rather than detailed in this specific record of proceedings. This suggests a consolidated approach to addressing interim prayers.

Judicial Philosophy Indicators:
  • Emphasis on Judicial Process Management
Order Nature:Procedural - Disposing of Interlocutory Applications
Disposition Status:Disposed

Impugned Orders

Supreme Court of India
Case: Writ Petition (C) No.274/2009 (implied)
Date: 2019-07-23

Specific Directions

  1. 1.The applications are disposed of in terms of the signed Reportable order.

Precedential Assessment

Non-Binding (Procedural)

This order primarily disposes of interlocutory applications without extensively detailing substantive legal principles of the main case, thus having limited binding precedential value beyond its own procedural context. However, as a 'Reportable order' from the Supreme Court, it holds persuasive weight on procedural aspects and signifies progress in a case of national importance.

Tips for Legal Practice

1.Counsel should diligently track the status of interlocutory applications in complex Public Interest Litigations (PILs), particularly when a main judgment is pending or being pronounced.
2.Understanding the procedural nuances and implications of 'Reportable orders' from the Supreme Court is crucial for identifying decisions that contribute to wider legal jurisprudence, even if procedural in nature.
3.Be prepared for prolonged litigation and the handling of numerous interim applications in high-stakes public interest cases, as demonstrated by the multi-year pendency of this matter related to national citizenship.

Legal Tags

Supreme Court Public Interest Litigation Citizenship Act 6AAssam National Register of Citizens implementation challengesInterlocutory applications procedural disposition Supreme CourtJudicial pronouncements on citizenship determination IndiaLegal implications for residents of Assam NRCConstitutional law and administrative policy reviewJustice Ranjan Gogoi Rohinton Fali Nariman bench ordersRecalling previous court orders legal frameworkAdvocates on Record appearance Supreme Court proceedings

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.

Order Issued After Hearing

Purpose:

Fixed Date by Court

Before:

Hon'ble Hon'Ble The Chief Justice Ranjan Gogoi, Hon'ble Hon'Ble The Chief Justice, Hon'ble Rohinton Fali Nariman

Stage:

FOR ORDER

Remarks:

List On (Date) [26-11-2019]

Listed On:

18 Oct 2019

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

142874/2019,151353/2019,151355/2019,

Original Order Copy

Get a certified copy of this order

Download True Copy

Order Text

ITEM NO.1501 COURT NO.1 SECTION PIL-W (For order)

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Writ Petition (C) No(s).274/2009

ASSAM PUBLIC WORKS Petitioner(s)

Digitally signed by SARITA PUROHIT Date: 2019.08.14 15:50:25 IST Reason:

Signature Not Verified

VERSUS

UNION OF INDIA & ORS. Respondent(s) (With I.A.Nos.114781, 114788, 114807, 114814, 116964, 117074, 117697 and 117689 - For intervention, impleadment, directions and recalling the order dated 23.7.2019)

Date : 13-08-2019 This matter was called on for pronouncement of order today.

For Petitioner(s) Mr. Kailash Prashad Pandey,AOR

For Respondent(s) Mr. Shuvodeep Roy,AOR Mr. Satariio Das,Adv.

Mr. Fuzail Ahmad Ayyubi,AOR

Mr. Abdul Qadir,Adv.

Mr. Ibad Mushtaq,Adv.

Ms. Aditi Gupta,Adv.

State of Assam Ms. Diksha Rai,AOR Ms. Palak Mahajan,Adv.

Mr. Gaurav Dhingra,AOR

  • Mr. B. Krishna Prasad,AOR
  • Mr. T. Mahipal,AOR
  • Mr. Mohan Pandey,AOR
  • Mr. Snehasish Mukherjee,AOR
  • Mr. Shibashish Misra,AOR
  • Mr. Shadan Farasat,AOR
    • Mr. Mohit D. Ram,AOR
    • Ms. Madhumita Bhattacharjee,AOR
    • Mr. Guntur Prabhakar,AOR
    • Mr. B.V. Balaram Das,AOR
    • Mr. Abhijit Sengupta,AOR
    • Ms. Sneha Kalita,AOR
    • Mr. Sanand Ramakrishnan,AOR
    • Mr. Mohit Chaudhary,AOR

Mr. Avijit Roy,AOR

  • M/s. Corporate Law Group,AOR
    • Mr. Somesh Chandra Jha,AOR

Ms. Rashmi Singhania,AOR Ms. Rashmi Nandakumar,AOR For intervenor(s) Mr. Mansoor Ali,AOR Ms. Rubina Jawed,Adv. Mr. A.S. Tapadar,Adv. Mr. Ajit Wagh,Adv. Ms. Aparna Bhat,AOR Ms. Karishma Maria,Adv.

Hon'ble the Chief Justice of India pronounced the Reportable order of the Bench comprising His Lordship and Hon'ble Mr. Justice Rohinton Fali Nariman.

The applications are disposed of in terms of the signed Reportable order.

Branch Officer AR-cum-PS

(Anand Prakash) (Sarita Purohit)

(Signed Reportable order is placed on the file)

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