In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
In a critical update on the National Register of Citizens (NRC) for Assam, the Supreme Court noted significant progress by both Central and State Governments, including financial allocations and key appointments. This order highlights the ongoing judicial oversight ensuring the timely and accurate updation of the NRC, a process crucial for determining citizenship in Assam, with the next review scheduled for August 2014.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The Supreme Court, while hearing writ petitions concerning the updation of the National Register of Citizens (NRC) 1951 in Assam, recorded compliance by the Union and State Governments with its earlier order dated 2013-10-25. This included the release of Rs. 25 crores for initial work, appointment of Shri Prateek Hajela as Director of Census Operations, and notification for NRC enumeration from 2013-12-06 with a three-year completion target. The Expenditure Finance Committee recommended Rs. 288 crores for the scheme, and the State of Assam detailed its preparatory steps. The matter was adjourned for further progress reports.
Timeline of Events
Writ Petition (Civil) No. 274 of 2009 filed.
Supreme Court issued a previous order (compliance with which is noted in the present order).
Government of India released Rs. 25 crores to the Government of Assam for initial NRC updation work.
Notification for starting the work of updation of NRC 1951 issued.
Notification for NRC updation published, initiating a three-year period for enumeration in Assam.
Expenditure Finance Committee meeting held, recommending the scheme of Updation of NRC of 1951 in Assam.
Notification issued appointing Shri Prateek Hajela as Director of Census Operations, Assam.
Affidavit verified and filed by Deputy Secretary, Ministry of Home Affairs, detailing compliance; present order passed.
Next hearing date specified for reporting further progress.
Key Factual Findings
The Government of India released Rs. 25 crores to the Government of Assam on 2013-10-31 for initial NRC updation work, complying with the previous court order.
Source: Current Court Finding/Recited from Affidavit
Shri Prateek Hajela was appointed as Director of Census Operations, Assam, via a notification dated 2014-01-28, in compliance with the previous court order.
Source: Current Court Finding/Recited from Affidavit
A notification for starting the NRC 1951 updation was issued on 2013-12-05 and published on 2013-12-06, with enumeration to be completed within three years.
Source: Current Court Finding/Recited from Affidavit
The Expenditure Finance Committee recommended a scheme for NRC updation amounting to approximately Rs. 288 crores, awaiting approval from the Competent Authority.
Source: Current Court Finding/Recited from Affidavit and ASG statement
The State of Assam is actively undertaking subsequent steps, including verification and digitalization of 1951 NRC and electoral rolls up to 1971, officer selection, office accommodation, and engaging technical experts.
Source: Current Court Finding/Recited from Statement by State Counsel
The role of the Election Commission of India in the NRC process will commence only after the updation is completed.
Source: Current Court Finding/Recited from Statement by ECI Counsel
Primary Legal Issues
Secondary Legal Issues
Statutes Applied
Petitioner's Arguments
While specific arguments are not detailed in this procedural order, the petitioner's overall stance in this Public Interest Litigation is to ensure transparent, efficient, and legally compliant updation of the NRC in Assam, urging the government to adhere to court timelines and directives.
Respondent's Arguments
The Union of India affirmed compliance with the Supreme Court's previous order by detailing financial releases, appointment of the Director of Census Operations, and issuance of the NRC updation notification. The State of Assam confirmed its agreement with the Central Government's steps and outlined its ongoing efforts in data digitalization, officer selection, and infrastructure setup. The Election Commission of India clarified that its role would commence only after the NRC updation is complete.
Court's Reasoning
The Court's decision to adjourn the matter for further progress was based on reviewing the affidavits and statements of counsel, which indicated substantial steps taken by both the Central and State Governments were in compliance with the Court's previous directions. The Court found the reported progress satisfactory for this stage and deemed it desirable to monitor ongoing compliance.
- Emphasis on Judicial Oversight and Monitoring of Executive Action
- Strict Adherence to Procedural Timelines
Impugned Orders
Specific Directions
- 1.Noted the Government of India's affidavit confirming release of Rs. 25 crores to Government of Assam on 2013-10-31 for initial NRC updation work, in compliance with the order dated 2013-10-25.
- 2.Noted the issuance of notification dated 2014-01-28 appointing Shri Prateek Hajela as Director of Census Operations, Assam, in compliance with the order dated 2013-10-25.
- 3.Noted the notification for starting NRC 1951 updation, issued on 2013-12-05 and published on 2013-12-06, which states enumeration shall be completed within three years, in compliance with the order dated 2013-10-25.
- 4.Noted the Expenditure Finance Committee's recommendation on 2014-01-16 for an estimated Rs. 288 crores for NRC updation, awaiting Competent Authority approval, with funds to be released stage by stage.
- 5.Noted the State of Assam's ongoing steps including verification and digitalization of 1951 NRC and electoral rolls up to 1971, selection of officers, finding office accommodation, and engagement of technical experts.
- 6.The writ petition is adjourned to 2014-08-04 to report further progress.
- 7.Parties are allowed to move appropriate applications in case of difficulties in compliance.
- 8.Application for intervention by Nagaon District Senior Citizen's Welfare Association is dismissed as withdrawn.
Precedential Assessment
Non-Binding (Procedural)
This order is procedural, primarily focused on monitoring compliance with prior directions in a specific ongoing case, rather than establishing new legal principles or interpreting substantive law.
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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
FD ITEM NO.301 COURT NO.10 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, intervention and impleadment and office report) WITH W.P(C) NO. 562 of 2012 (With application for intervention, stay and impleadment as party respondent and office report) Date:03/02/2014 These Petitions were 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. (in WP 274/09) Mr. Harvinder Singh Besoya,Adv. (in WP 562/12) Mr. Manish Goswami,Adv. For M/S. Map & Co.,Advs. For Respondent(s) Mr. Jaideep Gupta,Sr.Adv. For R-2 Ms. Krishna Sarma,Adv. Mr. Avijit Roy,Adv. Mr. Navnit Kumar,Adv. For M/S. Corporate Law Group,Advs. For Union of India Mr. Rakesh Khanna,ASG (in WP(C) 274/09) Mr. Jitendra Mohapatra,Adv. Mr. S. Nand Kumar,Adv. Mr. Shiv Mangal Sharma,Adv. Mr. Shreekant N. Terdal,Adv. For ECI Ms. Meenakshi Arora,Sr.Adv. Mr. Mohit D. Ram,Adv. Mr. Vasav Anantharaman,Adv. I.A. No.6 in Mr. Fakhruddin,Sr.Adv. WP(C) 274/09 & Mr. Gulfeshan Javed,Adv. I.A. No.5 in Mr. Abdul Qadir,Adv. WP(C) 562/12 Mr. Mustafa Khaddam Hussain,Adv. Mr. Ali Md. Naaz,Adv. Mr. Fuzail Ahmad Ayyubi,Adv. In WP(C) 274/09 Mr. Syed Ali Ahmad,Adv. Mr. Syed Tanweer Ahmad,Adv. Mr. S.S. Bandyopadhyay,Adv. Mr. Pravin Kumar,Adv. Mr. Mohd. Shah Nawaz Hasan,Adv. Mr. Mohan Pandey,Adv.
| For R-6 in<br>WP(C) 274/09 | Mr. Prateek Jalan,Adv.<br>Ms. Malvika Trivedi,Adv.<br>Mr. Anurag Misra,Adv.<br>Mr. T. Mahipal,Adv. |
|---|---|
| State of Orissa<br>(in WP(C) 274/09) | Mr. Shibashish Misra,Adv.<br>Mr. Sovinay Dash,Adv. |
| In I.A. No.5 in<br>WP(C) 274/09 | Mr. Syed Mehdi Imam,Adv.<br>Mr. Mohd. Parvez Dabas,Adv.<br>Mr. Milan Laskar,Adv. |
| For State of<br>Meghalaya | Mr. Ranjan Mukherjee,Adv.<br>Mr. S.C. Ghosh,Adv.<br>Mr. S. Bhowmick,Adv.<br>Mr. R.P. Yadav,Adv. |
| Mr. Shakeel Ahmed Syed,Adv.<br>Mr. Milan Laskar,Adv.<br>Mr. P. Dabar,Adv. | |
| In IA No.3/13<br>Mr. | Shyam Divan,Sr.Adv.<br>Mr. Somiran Sharma,Adv. |
UPON hearing counsel the Court made the following O R D E R
WP(C) No.274/2009:
Pursuant to our order dated 25.10.2013, necessary steps have been taken by the Government of India, and an affidavit verified on 3.2.2014, has been filed by one Ajay Kanoujia, who is working as Deputy Secretary, Ministry of Home Affairs, North East Division, Government of India. This affidavit records in paragraph 2 thereof that an amount of Rs.25 crores has been released to the Government of Assam on 31.10.2013 for initial work of NRC updation. This is in compliance with paragraph 1 of the aforesaid order dated 25.10.2013 passed by this Court.
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Paragraph 3 of the affidavit states that a notification dated 28th January, 2014 has been issued appointing Shri Prateek Hajela as Director of Census Operations, Assam, who is going to be a representative of the Registrar General of Citizens Registration in Assam. This is also in compliance with paragraph 1 of the above referred order dated 25.10.2013.
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Paragraph 4 of this affidavit states that the notification for starting the work of updation of NRC 1951 has been issued on 5.12.2013 in consultation with the Ministry of Law and Justice, and a copy the notification dated 5.12.2013 published on 6.12.2013, has been enclosed with the affidavit. This notification states that in accordance with Rule 4A(3) of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, the period and duration of the enumeration is being notified in this notification. The notification further states that the enumeration in respect of the State of Assam shall take place from the date of publication of this notification i.e. 6.12.2013 and shall be completed within a period of three years. This step is in compliance with paragraph 2 of our order dated 25.10.2013.
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In paragraph 5 of this affidavit it is stated that the Expenditure Finance Committee in its meeting held on 16th January, 2014 has recommended the scheme of Updation of NRC of 1951 in Assam and the proposal is forwarded for approval of the Competent Authority. Mr. Rakesh Khanna, learned Additional Solicitor General states that the competent authority consists of the Home Minister and Finance Minister, and approximately an amount of Rs.288 crores, as mutually agreed between the Central Government and the State of Assam, is expected for this work and it shall be released from stage to stage as required.
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In view of this affidavit and the statement made by the learned Additional Solicitor General on behalf of the Central Government, we asked Mr. Jaideep Gupta, learned senior counsel appearing for the State of Assam with respect to the further steps. He states that according to the State of Assam, whatever steps are taken by the Central Government are on the expected lines. He further stated that now following subsequent steps are being taken in compliance of the aforesaid order:
(i) Verification and Digitalization of the 1951 NRC and the Electoral Rolls up to 1971;
(ii) Selection of appropriate officers for this work;
(iii) Finding out appropriate office accommodation at different places in the various districts of Assam for executing this work;
(iv) Engagement of competent technical experts who are expected to be four in number.
He further states that the follow up steps are being taken in right earnest.
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We have heard Ms. Meenakshi Arora, learned senior counsel appearing for the Election Commission of India who states that the role of Election Commission will start only after the NRC is updated.
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In view of the statements made by Mr. Khanna and Mr. Jaideep Gupta, we asked the counsel for other intervenors to respond to these steps. They have not expressed any objection as such at this stage, to whatever steps that are being taken. In view of what is stated above, it would be desirable that this writ petition be adjourned to report further progress. Accordingly, adjourned to 4th August, 2014 to be notified at 2.00 p.m. before a Bench of which Mr. Justice Ranjan Gogoi is a member.
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In the event there are any difficulties in compliance, it will be open to the concerned parties to move appropriate application.
I.A. No.8/2013 in WP(C) No.274/2009:
Mr. Raja Chatterjee, learned counsel appearing for the Nagaon District Senior Citizen's Welfare Association seeks permission to withdraw this application. Application for intervention is dismissed as withdrawn.
WP(C) No.562/2012: Heard Mr. Manish Goswami, learned counsel in support of this petition. Adjourned to 4th August, 2014 to be taken up along with WP(C) No.274/2009.
A.R.-CUM-P.S. COURT MASTER
(A.S. BISHT) (SNEH LATA SHARMA)