In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
The Supreme Court has issued crucial directives regarding the National Register of Citizens (NRC) update in Assam, clarifying key eligibility criteria for 'Tea Tribes' and post-1971 migrants. This order underscores the Court's active monitoring, setting up a committee for oversight and strictly upholding the January 2016 deadline, with significant implications for millions in the state.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
The Supreme Court was presiding over multiple writ petitions and interlocutory applications concerning the complex and sensitive process of updating the National Register of Citizens (NRC) in Assam. The core issues involved interpreting specific clauses of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, particularly regarding the definition of 'original inhabitants' and the criteria for including Indian citizens who migrated to Assam after March 24, 1971. The Court had previously referred a main petition to a Constitution Bench and established a deadline for the final NRC publication, leading to this order which provides further detailed clarifications and establishes a judicial monitoring mechanism.
Timeline of Events
Writ Petition (Civil) No. 274 of 2009 filed in the Supreme Court.
Writ Petition (Civil) No. 562 of 2012 filed in the Supreme Court.
Supreme Court order referring WP(C) No. 562 of 2012 to a Constitution Bench and setting 1st January, 2016, as the deadline for final NRC publication.
Current Supreme Court order passed, clarifying NRC rules, constituting a monitoring committee, and reiterating the NRC publication deadline.
Next hearing date specified for monitoring the progress of NRC updation.
Key Factual Findings
The NRC updating process must be in strict implementation of the Schedule under Rule 4A(4) of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
Source: Current Court Finding
The term 'original inhabitants of the state of Assam' in Clause 3(3) of the Schedule includes the 'Tea Tribes'.
Source: Current Court Finding
Indian citizens (including their children and descendants) who moved to Assam subsequent to 24th March, 1971, are eligible for NRC inclusion if they adduce satisfactory proof of residence in any part of the country (outside Assam) as on 24th March, 1971 (Clause 3(5)).
Source: Current Court Finding
The deadline for the final publication of the NRC is 1st January, 2016, as previously ordered, though modifications to internal steps are permissible.
Source: Recited from Lower Court Judgment
Primary Legal Issues
Secondary Legal Issues
Questions of Law
Statutes Applied
Petitioner's Arguments
The petitioner's side, through various interlocutory applications and petitions, sought clarity and directions concerning the NRC updating process. Arguments likely revolved around ensuring a fair and legally sound process, advocating for specific interpretations of 'original inhabitants' (e.g., inclusion of 'Tea Tribes') and outlining the acceptable forms of proof for Indian citizens who migrated to Assam post-1971. Some might have also pressed for strict adherence to deadlines.
Respondent's Arguments
The respondent's side, including the Union of India and the State of Assam, likely presented the complexities and administrative challenges of the NRC update. They probably sought judicial guidance on ambiguous legal terms within the Citizenship Rules and may have requested extensions to the existing deadlines due to the massive scale of the exercise. They also likely aimed to defend the integrity of the ongoing process while acknowledging the need for clarity.
Court's Reasoning
The Court's decision was rooted in the necessity to provide clear, unambiguous guidance for the ongoing NRC updation process, which affects a vast population. It aimed to ensure strict adherence to the statutory framework (Citizenship Rules, 2003) while offering practical interpretations for contentious terms like 'original inhabitants' (explicitly including 'Tea Tribes') and the criteria for post-1971 migrants. By constituting a committee and reiterating the deadline, the Court underscored its commitment to active judicial oversight, timely completion, and maintaining the integrity of the process, drawing upon its powers under Article 144 of the Constitution to ensure compliance from all authorities.
- Emphasis on Rule Of Law
- Strict Adherence To Procedure
- Judicial Activism/Oversight (through monitoring and committee formation)
- Protection Of Rights (by ensuring fair inclusion criteria and process)
Impugned Orders
Specific Directions
- 1.All applications for impleadment/intervention are allowed.
- 2.Memo of parties be amended accordingly.
- 3.Pleadings, if any, may be completed.
- 4.Pleadings/Additional pleadings may be brought on record.
- 5.Writ Petition (Civil) No.311 of 2015 referred to the Constitution Bench to be heard along with Writ Petition (Civil) No.562 of 2012.
- 6.Issue notice in Writ Petition (Civil) Nos.450 of 2015 and 449 of 2015.
- 7.Writ Petition (Civil) Nos.450 of 2015 and 449 of 2015 tagged with Writ Petition (Civil) No.562 of 2012 and Writ Petition (Civil) No.311 of 2015.
- 8.The process of updating the National Register of Citizens (NRC) will be in strict implementation of the provisions contained in the Schedule framed under Rule 4A(4) of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.
- 9.Clarified that 'original inhabitants of the state of Assam' in clause 3(3) of the Schedule includes 'Tea Tribes', and inclusion will be based on proof to the satisfaction of the Registering Authority establishing citizenship beyond reasonable doubt. Directions by the Registrar General of India must be followed.
- 10.Clarified that Indian citizens, including their children and descendants, who may have moved to the State of Assam subsequent to 24th March, 1971 would be eligible for inclusion in the NRC on adducing satisfactory proof of residence in any part of the country (outside Assam) as on 24th March, 1971.
- 11.A Committee is constituted, consisting of Mr. Justice Aftab Hussain Saikia (former Chief Justice of Jammu and Kashmir High Court), Mr. Justice D. Biswas, and Mr. Justice D.N. Chowdhury (former Judges of Gauhati High Court), to address any clarification required with regard to the modalities in NRC preparation.
- 12.The State of Assam is free to appoint the Member Secretary of the Committee.
- 13.Complaints regarding any obstruction in NRC preparation by any person or authority may first be brought to the Court appointed Committee, which, upon due enquiry, will submit a report to the Registry of this Court.
- 14.The Court declined to extend the date for final publication of the NRC and reiterated its earlier order dated 17th December, 2014, requiring publication on or before 1st January, 2016.
- 15.The concerned Authority is permitted to carry out modifications in the time schedule for different steps/stages of NRC updating, if required.
- 16.All Authorities are expected to act faithfully and diligently to ensure smooth preparation and publication of NRC within the fixed schedule, in reiteration of the mandate contained in Article 144 of the Constitution of India.
- 17.Any person found to be creating any obstruction or hindrance in NRC preparation would be subjected to such orders as this Court would pass.
- 18.All Interlocutory Applications are closed in terms of the present order.
- 19.The Hon'ble the Chief Justice of India is requested to make this Bench available on 6th or 7th October, 2015, to monitor the progress in the updation/preparation of the NRC.
- 20.The State Coordinator is to submit a report of the progress made well before the monitoring date.
Precedential Assessment
Binding (SC)
This is an interim order by the Supreme Court providing explicit directions and clarifications on statutory interpretation for a crucial, ongoing administrative process (NRC). It is binding on all lower courts, tribunals, and authorities involved in the NRC process throughout India.
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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
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). 562/2012
ASSAM SANMILITA MAHASANGHA & ORS. PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S) [WITH APPLN.(S) FOR DIRECTIONS AND IMPLEADMENT AND IMPLEADMENT AS PARTY RESPONDENT AND INTERVENTION AND STAY AND OFFICE REPORT] WITH W.P.(C) NO. 876/2014 (WITH APPLN.(S) FOR STAY AND OFFICE REPORT) W.P.(C) NO. 274/2009 (WITH APPLN.(S) FOR CLARIFICATION/DIRECTION AND DIRECTIONS AND IMPLEADMENT AND INTERVENTION AND OFFICE REPORT) W.P.(C) NO. 311/2015 (WITH OFFICE REPORT) W.P.(C) NO.450/2015 (WITH APPLN.(S) FOR DIRECTIONS] W.P.(C) NO.449/2015 [WITH APPLN.(S) FOR DIRECTIONS AND OFFICE REPORT] Date : 21/07/2015 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) WP(C) 562/12 Mr. Kamal Nayan Chaudhri, Sr. Adv. Mr. Manish Goswami, Adv. Mr. Rameshwar Prasad Goyal, Adv. WP(C) 876/14 & rr in 562/12 Mr. Somiran Sharma, Adv. WP(C) 274/09 Signature Not Verified Mr. Arvind Kumar Sharma, Adv. Digitally signed by Vinod Lakhina Date: 2015.07.22 16:47:44 IST WP(C) 450/15, 449/15 Reason: Mr. Partha Sil, Adv. Page No. 1 of 9
| For Respondent(s) | ||
|---|---|---|
| I.A. NO.16 | Mr. | Manan Kr. Mishra, Sr. Adv. |
| Ms. | Anjul Dwivedi, Adv. | |
| Mr. | Sudhanshu Saran, Adv. | |
| Mr. | Vibhu Shankar Mishra, Adv. | |
| Mr. | Anjani Kumar Mishra, Adv. | |
I.A. NO.17 Mr. Guru Krishnakumar, Sr. Adv. Mr. Ananga Bhattacharyya, Adv.
| Mr.<br>Rohit Rao N., Adv.<br>Mr.<br>Tarun Gulia, Adv. | ||
|---|---|---|
| I.A. NO.14 | Mr.<br>Bikash Ranjan Bhattacharya, Sr. Adv.<br>Mr.<br>Avijit Bhattacharjee, Adv.<br>Ms.<br>Upma Shrivastava, Adv.<br>Mr.<br>Ajay Ghosh, Adv. | |
| Mr. B. Krishna Prasad, Adv. | ||
| Mr.<br>Salman Khurshid, Sr. Adv.<br>Mr.<br>Fuzail Ahmad Ayyubi, Adv.<br>Mr.<br>Abdul Qadir, Adv.<br>Mr.<br>Anas Tanwir, Adv.<br>Mr.<br>Antony Julian, Adv.<br>Ms.<br>Kanishka Prasad, Adv. | ||
| I.A. NO.15 | Mr. Gopal Singh, Adv.<br>Mr. Rituraj Biswas, Adv.<br>Ms. Sujaya Bardhan, Adv. | |
| Mr.<br>Syed Ali Ahmad, Adv.<br>Mr.<br>Syed Tanweer Ahmad, Adv.<br>Mr.<br>S.S. Bandyopadhyay, Adv.<br>Mr.<br>Praveen Kumar, Adv.<br>Mr.<br>Mohan Pandey, Adv. | ||
| Mr. Mohit D. Ram, Adv.<br>Mr. Neeraj Kumar, Adv. | ||
| State of UP | Mr. Rajeev Dubey, Adv.<br>Mr. Ravi Prakash Mehrotra, Adv. | |
| Mr. W. Farasat, Adv.<br>Mr. Shadan Farasat, Adv. | ||
| Mr.<br>Shakil Ahmed Syed, Adv.<br>Mr.<br>Mohd. Parvez Dabas, Adv.<br>Mr.<br>Uzmi Jameel Husain, Adv.<br>Mr.<br>Milan Laskar, Adv.<br>Ms.<br>Arna Das, Adv. | Page No. 2 of 9 | |
| Mr. Shibashish Misra, Adv. | ||
| Mr. Shreekant N. Terdal, Adv. | ||
| Mr. Milan Laskar, Adv.<br>Mr. Syed Mehdi Imam, Adv. | ||
| Mr. Prateek Jalan, Adv.<br>Mrs. M. Trivedi, Adv.<br>Mr. Rahul Kriplani, Adv.<br>Mr. Ankit Yadav, Adv.<br>Mr. T. Mahipal, Adv. | ||
| Mr.<br>Jaideep Gupta, Sr. Adv.<br>Ms.<br>Krishna Sarma, Adv.<br>Mr.<br>Avijit Roy, Adv.<br>Mr.<br>Navnit Kumar, Adv.<br>Ms.<br>Konkana, Adv. | ||
| For<br>M/s Corporate Law Group, Adv. | ||
| Ms. Sneha Kalita, Adv. | ||
| Mr.<br>P.S. Patwalia, ASG |
- Mr. Tushar Bakshi, Adv. Mr. Ritesh Kumar, Adv. Mr. Raghvendra M. Bajaj, Adv. Ms. Rashmi Malhotra, Adv. Ms. Sushma Suri, Adv. Mr. Archit Upadhayay, Adv. Mr. Raghav, Adv. Mr. Dhruv Sheoran, Adv. Ms. Natasha Vinayak, Adv. Mr. Rajat Singh, Adv. State of WB Mr. Anip Sachthey, Adv. Ms. Shagun Matta, Adv. State of T.N. Mr. B. Balaji, Adv. Mr. R. Rakesh Sharma, Adv.
- Mr. R. Shase, Adv.
Page No. 3 of 9
Mr. C.D. Singh, Adv. Ms. Sakshi Kakkar, Adv. Mr. A.K. Sanghi, Sr. Adv. Mr. M.P. Gupta, Adv. Ms. Sunita Gautam, Adv. Mr. D.S. Mahra, Adv. Mr. Kuldip Singh, Adv. Mr. Milind Kumar, Adv. Mr. Siddharth Bhatnagar, Adv. Mrs. Aditi Mohan, Adv. Mr. Sidharth Mohan, Adv. Mr. Nirnimesh Dube, Adv. Mr. Rudreshwar Singh, Adv. Mr. Samir Ali Khan, Adv. Mr. A. Mariarputham Adv. Gen., Sikkim Ms. Aruna Mathur, Adv. Mr. Yusuf Khan, Adv. Mr. K. Vijay Kumar, Adv. For M/s Arputham Aruna & Co., AOR Mr. Balasubramanian, Adv. Mr. K.V. Jagdishvaran, Adv. Ms. G. Indira, Adv. Ms. Hemantika Wahi, Adv. Ms. Rachana Shrivastav, Adv. Mr. Ashutosh Kr. Sharma, Adv. Mr. S.S. Shamshery, Adv. Mr. Amit Sharma, Adv. Mr. Sandeep Singh, Adv. Ms. Ruchi Kohli, Adv. Mr. Devajit Saikia, Sr. Adv. Mr. Azim H. Laskar, Adv. Mr. Sachin Das, Adv. Mr. Abhijit Sengupta, Adv. Mr. G.S. Chatterjee, Adv.
Page No. 4 of 9 State of Aru.Pr. Mr. Anil Shrivastav, Adv. Mr. Ranjan Mukherjee, Adv. Mr. S.C. Ghosh, Adv. Mr. S. Bhowmick, Adv. I.A. 19 & 20 Mr. Arup Borbora, Sr. Adv. Mr. Pranabananda Pathak, Sr. Adv. Mr. Abhisekh Sarkar, Adv. Mr. Snehasish Mukherjee, Adv. State of Manipur Mr. Sapam Biswajit Meitei, Adv. Mr. Z.H. Isaac Haiding, Adv. Mr. Ashok Kumar Singh, Adv. Ms. K. Enatoli Sema, Adv. Mr. Edward Belho, Adv. Mr. Amit Kumar Singh, Adv. UPON hearing the counsel the Court made the following O R D E R All Applications for impleadment/intervention are allowed. Memo of parties be amended accordingly. Pleadings, if any, may be completed. Pleadings/Additional
pleadings may be brought on record.
Writ Petition (Civil) No.311 of 2015
The issues arising in this writ petition are similar to the issues in Writ Petition (Civil) No.562 of 2012 which has been referred to the Constitution Bench by our order dated 17th December, 2014. We, therefore, refer this writ petition to the Constitution Bench to be heard along with Writ Petition (Civil) No.562 of 2012.
Writ Petition (Civil) Nos.450 of 2015 and 449 of 2015
Page No. 5 of 9
Heard learned counsel for the petitioners and perused the relevant material.
Issue notice.
Tag with Writ Petition (Civil) No.562 of 2012 and Writ Petition (Civil) No.311 of 2015.
I.A. NO.18, 11, 12, 14, 16, 17 AND 20 OF 2015 IN WRIT PETITION (CIVIL) NO.274 OF 2009 AND I.A. NOS.11 AND 12 IN WRIT PETITION (CIVIL) NO.562 (FOR DIRECTIONS)
We have heard the learned counsels for the contesting parties at considerable length.
Upon hearing the learned counsels, we pass the following directions:
- The process of updating the National Register of Citizens (NRC) will be in strict implementation of the provisions contained in the Schedule framed under Rule 4A(4) of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 (for the sake of convenience, hereinafter referred to as "the Rules")
Page No. 6 of 9 Insofar as clause 3(3) of the Schedule appended to the Rules is concerned, we clarify that the expression "original inhabitants of the state of Assam" would include the "Tea Tribes" and the inclusion of such original inhabitants would be on the basis of proof to the satisfaction of the Registering Authority which establishes the citizenship of such persons beyond reasonable doubt. Any directions by the Registrar General of India in this regard shall also be followed by the Registering Authority.
Insofar as clause 3(5) of the Schedule to the Rules is concerned, we clarify that Indian citizens, including their children and descendants, who may have moved to the State of Assam subsequent to 24th March, 1971 would be eligible for inclusion in the NRC on adducing satisfactory proof of residence in any part of the country (outside Assam) as on 24th March, 1971.
- To take care of any clarification that would be required with regard to the modalities in the preparation
of the NRC as indicated by us hereinbefore, we constitute a Committee consisting of Mr. Justice Aftab Hussain Saikia,
former Chief Justice of the High Court of Jammu and Kashmir, Mr. Justice D. Biswas and Mr. Justice D.N.
Page No. 7 of 9
Chowdhury, former Judges of the Gauhati High Court. The state of Assam will be free to appoint the Member Secretary of the said Committee. We request the Hon'ble Judges to spare their valuable time and agree to be in the Committee constituted by us. The terms of appointment of the Members of the Committee will be settled by the Committee Members in consultation with the concerned authority of the State.
We also make it clear that complaints with regard to any obstruction in the matter of preparation/updation of NRC by any person or authority may first be brought to the notice of the Court appointed Committee and the said Committee, upon due enquiry, will submit necessary report to the Registry of this Court whereafter the same will be brought to the notice of the Bench.
- Insofar as the extension of the date for final publication of the NRC is concerned, we decline to extend the date and reiterate our earlier order dated 17 th December, 2014 which requires the concerned Authority to publish the final NRC on or before 1st January, 2016. However, we permit the concerned Authority to carry out such modifications in the time schedule with regard to undertaking/completion of the different steps/stages in the
Page No. 8 of 9 process of updating the NRC as indicated in our previous order, if so required. We expect all Authorities to act
faithfully and diligently to carry out their assigned tasks to ensure smooth preparation of NRC and publication thereof within the schedule fixed by us. This is in reiteration of the mandate contained in Article 144 of the Constitution of India. It is not necessary for us to emphasize that any person found to be creating any obstruction or hindrance, in any manner, in the preparation of the NRC would be subjected to such orders as this Court would pass in such eventualities.
All the Interlocutory Applications are closed in terms of the present order.
We request the Hon'ble the Chief Justice of India to make this Bench available on 6th or 7th October, 2015 so as to enable us to monitor the progress in the updation/preparation of the NRC. The State Coordinator to submit a report of the progress made well before the said date.
[VINOD LAKHINA] [ASHA SONI] COURT MASTER COURT MASTER
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