In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
The Supreme Court, in a crucial hearing concerning the updation of the National Register of Citizens (NRC) in Assam, took on record an affidavit from the Union of India regarding the finalization of modalities. The Court directed the Central Government to finalize NRC modalities and forms by July 8, 2013, and ordered the tagging of a similar petition, setting a next hearing date for substantial progress on this vital issue.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
eCourtsIndia AITM
Brief Facts Summary
The petitioner, Assam Public Works, filed a writ petition seeking directions for the updation of the National Register of Citizens (NRC) in Assam. The Union of India submitted an affidavit confirming that the modalities for this updation, proposed by the Government of Assam, were under active examination. A meeting was held on April 8, 2013, involving the Ministry of Home Affairs, representatives of the Government of Assam, and the Registrar General of India, where it was decided to finalize these modalities within three months. The overall completion of the NRC updation was projected to be within three years from the date of notification. Another writ petition, WP(C) No.562/2012, with a similar prayer for NRC updation from 1951, was brought to the Court's notice, with all parties represented.
Timeline of Events
Writ Petition (Civil) No. 274 of 2009 filed by Assam Public Works.
Meeting held by Ministry of Home Affairs with Government of Assam and Registrar General of India regarding NRC modalities.
Hearing of the Writ Petition; Union of India tenders affidavit.
Deadline for respondents in WP(C) No.562/2012 to file counter affidavits.
Expected deadline for Central Government to finalize NRC modalities and forms.
Next hearing date for both tagged writ petitions.
Key Factual Findings
Union of India has filed an affidavit regarding the NRC updation.
Source: Current Court Finding
Modalities submitted by the Government of Assam are under examination by the Government of India.
Source: Recited from Respondent Pleading
A meeting was held on 2013-04-08 to discuss NRC updation modalities.
Source: Recited from Respondent Pleading
It was decided in the meeting to finalize NRC modalities within three months from 2013-04-08.
Source: Recited from Respondent Pleading
Updation of NRC in Assam is projected to be completed within three years from the date of notification.
Source: Recited from Respondent Pleading
Writ Petition (C) No.562/2012 has been filed with similar prayers.
Source: Recited from Intervenor Pleading
Primary Legal Issues
Secondary Legal Issues
Statutes Applied
Petitioner's Arguments
The petitioner, Assam Public Works, urged the court to issue directions for the prompt and efficient updation of the National Register of Citizens in Assam, highlighting the delay in finalizing the necessary modalities.
Respondent's Arguments
The Union of India, through the Additional Solicitor General, submitted an affidavit stating that the modalities for NRC updation proposed by the Government of Assam were under examination and a meeting had been held to finalize them within three months. The State of Assam supported this position, stating it had submitted the modalities.
Court's Reasoning
The Court, noting the Union of India's affidavit and the meeting held on April 8, 2013, found it appropriate to set a firm deadline (July 8, 2013) for the Central Government to finalize the NRC modalities. This was done to ensure a time-bound progression of the critical updation process. Additionally, the Court directed the tagging of a similar writ petition to ensure comprehensive consideration of all relevant aspects.
- Emphasis on Timely Implementation
- Judicial Activism in Public Interest Litigation
- Oversight of Executive Functioning
- Efficiency in Judicial Process through Consolidation of Cases
Specific Directions
- 1.Union of India's tendered affidavit taken on record.
- 2.Central Government expected to finalize its decision on NRC modalities by 2013-07-08.
- 3.Writ Petition (C) No.562/2012 (Assam Sanmilita Mahasangha and Ors. Vs. Union of India and Ors.) to be tagged with the present writ petition.
- 4.Respondents in WP(C) No.562/2012 are to file counter affidavits by 2013-07-02.
- 5.Petitioners in WP(C) No.562/2012 may file rejoinder within a week thereafter.
- 6.Both writ petitions to be notified on 2013-07-16 (non-miscellaneous day) for substantial proceedings.
Precedential Assessment
Non-Binding (Procedural)
This order is an interim, procedural order setting deadlines and tagging cases, rather than laying down substantive law. Its value is in demonstrating judicial oversight of a complex administrative process.
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
3 Jul 2009
Original Order Copy
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Order Text
¦' ITEM NO.1 COURT NO.12 SECTION PIL (Part-heard) 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. 274 OF 2009 ASSAM PUBLIC WORKS Petitioner(s) VERSUS UNION OF INDIA & ORS Respondent(s) (With appln(s) for directions, permission to file rejoinder affidavit, permission to file additional documents and office report) Date: 08/05/2013 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE H.L. GOKHALE HON'BLE MR. JUSTICE RANJAN GOGOI For Petitioner(s) Mr. Arvind Kumar Sharma,Adv. Ms. Tanushree Sinha,Adv. For Respondent(s) Mr. Mohan Jain,ASG. Mr. Prabhat Kumar,Adv. Mr. S. Nanda Kuamr,Adv. Mr. B.K. Prasad,Adv. Mr. Shreekant N. Terdal,Adv. Mr. Jaideep Gupta,Sr.Adv. Mr. Navnit Kumar,Adv. For M/s. Corporate Law Group,Adv. Mr. Syed Ali Ahmad,Adv. Mr. Syed Tanweer Ahmad,Adv. Mr. S.S. Bandyopadhyay,Adv. Mr. Praveen Kumar,Adv. Mr. Mohd. Shah Nawaz Hasan,Adv. Mr. Mohan Pandey,Adv. Mr. Manish Goswami,Adv. For M/s. MAP & CO.,Advs. Ms. Meenakshi Arora,Adv. Mr. Vasav Ananthraman,Adv. UPON hearing counsel the Court made the following
Affidavit tendered by the Union of India in Court is taken on record.
O R D E R
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Heard Mr. Arvind Kumar Sharma, learned counsel appearing for the petitioner, Mr. Mohan Jain, learned Additional Solicitor General appearing for the Union of India and Mr. Jaideep Gupta, senior Advocate for the State of Assam.
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Union of India has filed an affidavit of the Under Secretary, Ministry of Home Affairs, Government of India. In paragraph 8 of the affidavit, it is stated that the modalities submitted by the Government of Assam are under examination of the Government of India and in this connection, a meeting was held on 8th April, 2013 by the Ministry of Home Affairs with the representatives of Government of Assam and the Registrar General of India. In the said meeting, it was decided that the modalities along with forms etc. to be used for updation of National Register of Citizens (NRC) would be finalized within three months. Thereafter, a notification would be issued for commencement of work of updation of NRC in Assam which would be completed within three years from the date of notification.
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As far as the last sentence, namely, updation of NRC in Assam would be completed within three years, is concerned, we will look into that aspect when the matter is heard. As far as the three months' time for finalization of the modalities along with forms etc. to be used for updation of NRC is concerned, we take it the three months' time will be from 8.4.2013, as mentioned in the affidavit, that takes us to 8th July, 2013. We, therefore, expect the Central Government to be ready with its decision on the modalities submitted by the Government of Assam by that date.
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Mr. Goswami, learned counsel intervened in this matter and pointed out that another writ petition has been filed, being Writ Petition (C) No.562/2012 (Assam Sanmilita Mahasangha and Ors. Vs. Union of India and Ors.) wherein somewhat similar prayer has been made which seeks updation of the NRC from 1951. He states that copies of the said writ petition have been furnished to the Central Government, State Government and the Election Commission of India. They are all represented.
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We direct that the said writ petition be tagged with the present writ petition and the respondents therein are at liberty to file their counter affidavits by 2nd of July, 2013. Rejoinder thereto, if any, may be filed by the petitioners within a week thereafter.
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Inasmuch as the Central Government is going to finalize its decision by 8th July, 2013, we direct that both these writ petitions be notified on 16th July, 2013 (non-miscellaneous day). On that date, we expect the matter to proceed as substantially as possible.
COURT MASTER COURT MASTER
(A.S. BISHT) (SNEH LATA SHARMA)