# ASSAM PUBLIC WORKS v. UNION OF INDIA & ORS

- **Citation:** [2019] 10 S.C.R. 217
- **Court:** Supreme Court of India
- **Decided:** 2019-08-13
- **Bench:** Ranjan Gogoi, R. F. Nariman
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/assam-public-works-v-union-of-india-ors-32957
- **Pages:** 13

## Headnote

Citizenship Act, 1955: ss.3, 6 - State of Assam - Report of
State Coordinator - Action proposed in Paragraph 7(a) that for
any NRC Applications/Claimants, if parent/legacy person through
whom eligibility is sought to be established is a DV or DF or PFT,
then such persons will not be included in NRC irrespective of the
status of the other parent - Challenged on the ground that the said
action ran contrary to the provisions of s.3(1)(a) of the Act which
dealt with acquisition of citizenship by birth in the case of every
person born in India on or after the 26.1.1950 but before 1.7.1987
- Held: The purport and effect of provisions of s.3(1)(a) and (b) of
the Act is pending consideration before a Constitution Bench of
this court in Writ Petition (c) No.311 of 2015 - The issue pending is
whether the expression "every person born in India" would apply
only to persons born to Indian citizens and whether the expression
"either of whose parents is a citizen of India at the time of his birth"
in s.3(1)(b) of the Act would apply to only a person who is born to
parents one of whom is a citizen and the other a foreigner, provided
he or she has entered India lawfully and his/her stay in India is not
in contravention of applicable Indian laws.
Citizenship Act, 1955: State of Assam - Report of State
Coordinator - Actions proposed in Paragraph 7(b) and 7(c) that
those persons born before 3.12.2004, if the parent through whom
legacy is drawn is not DV or DF or PFT and is found eligible for
inclusion in NRC, but the other parent from whom legacy is not
drawn is a DV or DF or PFT, then, such descendants may be included
in NRC; and those persons who are born on or after 3.12. 2004,
they will not be included in NRC if any of the parent is DV or DF or
PFT even if the parent from whom legacy is drawn is clear from all
angles - The suggestions/prayers made in paragraph 7(b) and (c)
 [2019] 10 S.C.R. 217
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[2019] 10 S.C.R.
of Report dated 10.7.2019 of the State Coordinator are in
consonance with the provisions of s.3(1)(b) and (c) of the Act and
the Standard Operating Procedure (SoP) for disposal of claims and
objections - Therefore, there is no reason to refuse leave to the
State Coordinator to act in terms of the action proposed in the said
suggestions/prayers made in Paragraph 7(b) and (c) subject to such
orders that this Court may pass in Writ Petition (c) No.311 of 2015
- Moreover, as suggested by the State Coordinator, the issue raised
could be best decided by the Tribunal, if so required as and when
appeals are filed.
Citizenship (Registration of Citizens and Issue of National
Identity Cards) Rules, 2003 - rr.4A, 6A - r.4A of the 2003 Rules
carves out special provisions in the matter of preparation of National
Register of Indian Citizens in the State of Assam - r.4A(2) specifically
provides that the National Register of Indian Citizens in the State of
Assam shall be prepared by inviting applications from all the residents
calling for specified particulars relating to each family and
individual including the citizenship status based on the National
Register of Citizens 1951 and the electoral rolls upto the midnight
of 24.3.1971 - The special provision contained in r.4A of the 2003
Rules read with the Schedule framed thereunder, for preparation of
National Register of Indian Citizens in the State of Assam, had been
necessitated on account of the provisions contained in s.6A of the
Act which are special provisions as to grant citizenship to persons
covered by the Assam Accord - Under s.6A(2) of the Act, all persons
of Indian origin who had come to the State of Assam before 1.1.1966
from the specified territory (defined as territories included in
Bangladesh) immediately before the commencement of the
Citizenship (Amendment) Act, 1985, including such persons whose
names were included in the electoral rolls for purposes of the
General Election to the House of the People held in 1967, and who
have been

## Text

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ASSAM PUBLIC WORKS
v.
UNION OF INDIA & ORS.
(Writ Petition (C) No. 274 of 2009)
AUGUST 13, 2019
[RANJAN GOGOI, CJI AND R. F. NARIMAN, J.]
Citizenship Act, 1955: ss.3, 6 - State of Assam - Report of
State Coordinator - Action proposed in Paragraph 7(a) that for
any NRC Applications/Claimants, if parent/legacy person through
whom eligibility is sought to be established is a DV or DF or PFT,
then such persons will not be included in NRC irrespective of the
status of the other parent - Challenged on the ground that the said
action ran contrary to the provisions of s.3(1)(a) of the Act which
dealt with acquisition of citizenship by birth in the case of every
person born in India on or after the 26.1.1950 but before 1.7.1987
- Held: The purport and effect of provisions of s.3(1)(a) and (b) of
the Act is pending consideration before a Constitution Bench of
this court in Writ Petition (c) No.311 of 2015 - The issue pending is
whether the expression "every person born in India" would apply
only to persons born to Indian citizens and whether the expression
"either of whose parents is a citizen of India at the time of his birth"
in s.3(1)(b) of the Act would apply to only a person who is born to
parents one of whom is a citizen and the other a foreigner, provided
he or she has entered India lawfully and his/her stay in India is not
in contravention of applicable Indian laws.
Citizenship Act, 1955: State of Assam - Report of State
Coordinator - Actions proposed in Paragraph 7(b) and 7(c) that
those persons born before 3.12.2004, if the parent through whom
legacy is drawn is not DV or DF or PFT and is found eligible for
inclusion in NRC, but the other parent from whom legacy is not
drawn is a DV or DF or PFT, then, such descendants may be included
in NRC; and those persons who are born on or after 3.12. 2004,
they will not be included in NRC if any of the parent is DV or DF or
PFT even if the parent from whom legacy is drawn is clear from all
angles - The suggestions/prayers made in paragraph 7(b) and (c)
 [2019] 10 S.C.R. 217
217
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SUPREME COURT REPORTS
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of Report dated 10.7.2019 of the State Coordinator are in
consonance with the provisions of s.3(1)(b) and (c) of the Act and
the Standard Operating Procedure (SoP) for disposal of claims and
objections - Therefore, there is no reason to refuse leave to the
State Coordinator to act in terms of the action proposed in the said
suggestions/prayers made in Paragraph 7(b) and (c) subject to such
orders that this Court may pass in Writ Petition (c) No.311 of 2015
- Moreover, as suggested by the State Coordinator, the issue raised
could be best decided by the Tribunal, if so required as and when
appeals are filed.
Citizenship (Registration of Citizens and Issue of National
Identity Cards) Rules, 2003 - rr.4A, 6A - r.4A of the 2003 Rules
carves out special provisions in the matter of preparation of National
Register of Indian Citizens in the State of Assam - r.4A(2) specifically
provides that the National Register of Indian Citizens in the State of
Assam shall be prepared by inviting applications from all the residents
calling for specified particulars relating to each family and
individual including the citizenship status based on the National
Register of Citizens 1951 and the electoral rolls upto the midnight
of 24.3.1971 - The special provision contained in r.4A of the 2003
Rules read with the Schedule framed thereunder, for preparation of
National Register of Indian Citizens in the State of Assam, had been
necessitated on account of the provisions contained in s.6A of the
Act which are special provisions as to grant citizenship to persons
covered by the Assam Accord - Under s.6A(2) of the Act, all persons
of Indian origin who had come to the State of Assam before 1.1.1966
from the specified territory (defined as territories included in
Bangladesh) immediately before the commencement of the
Citizenship (Amendment) Act, 1985, including such persons whose
names were included in the electoral rolls for purposes of the
General Election to the House of the People held in 1967, and who
have been ordinarily resident in Assam since the dates of their entry
into Assam are deemed to be citizens of India as on and from 1.1.1966
- Person(s) who had entered Assam between 1.1.1966 but before
the 25.3.1971 and who has been ordinarily resident in Assam, upon
being detected as a foreigner(s), was/were liable to register himself/
themselves in accordance with the Rules made by the Central
Government - On such registration, under s.6A(4) of the Act, such
a person would have the same rights and obligations as a Citizen
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of India; but for a period of ten years he/she shall not be entitled to
have his/her name included in any electoral roll - s.6A of the Act
which was inserted with effect from 7.12.1985 by the Citizenship
(Amendment) Act, 1985 (Act No.65 of 1985), thus, carves out a
special category of citizens in the State of Assam - The entire NRC
exercise having been performed on the aforesaid basis, the same
cannot be now ordered to be reopened by initiation of a fresh exercise
on certain other parameters that have been suggested on behalf of
the intervenors/applicants on the strength of the provisions of
s.3(1)(a) of the Act - Citizenship Act, 1955 - ss.3, 6.
National Register of Citizens: Prayer of the State Coordinator
with regard to maintenance of security of the NRC data - This Court
directed that an appropriate regime be enacted on lines similar to
the security regime provided for AADHAR data - Only thereafter,
the list of inclusions and exclusions shall be made available to the
State Government, Central Government and Registrar General of
India - Further it was directed that only hard-copies of the
supplementary list of inclusions be published at the NRC Seva
Centers, Circle Offices and Offices of the District Magistrates of
the State - Also direction passed that the list of exclusions to be
published on 31.8.2019 shall be published only on on-line and shall
be family-wise - So far as the validity of orders passed under the
IMDT Act are concerned, such cases shall be governed by the
decision of the Gauhati High Court in Anowar Ali v. State of Assam.
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 274
of 2009.
(Under Article 32 of the Constitution of India)
With
I.A. Nos. 114781, 114788, 114807, 114814, 116964, 117074, 117697
and 117689 of 2019.
Tushar Mehta, SG, Kapil Sibal, Salman Khurshid, C. U. Singh,
B. H. Marlapalle, Vinay Navare, Sr. Advs., Kailash Prashad Pandey,
Ms. Shefali Sethi, Ms. Binu Tamta, Ms. Rekha Pandey, Ankur Talwar,
Ms. Shraddha Deshmukh, B. Krishna Prasad, B. V. Balaram Das,
Shuvodeep Roy, Rajat Nair, Sataroop Das, Fuzail Ahmad Ayyubi,
Mushtafa Khaddam Hussain, Ibad Mushtaq, Ms. Aditi Gupta,
Ms. Tehsina, Ms. Shabeen Anjum, Ms. Lubna Naz, Ms. Kunika, Somesh
ASSAM PUBLIC WORKS v. UNION OF INDIA & ORS.
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Chandra Jha, Ms. Aparna Bhat, Ms. Krishma Maria, A. S. Tapadar, Ajit
Wagh, Mansoor Ali, Ms. Rubina Jawed, Ms. Rashmi Singhania, Ms.
Diksha Rai, Ms. Palak Mahajan, Siddhesh Kotwal, Ms. Bansuri Swaraj,
Ms. Arshiya Ghose, Divyansh Tiwari, Shourajeet Chakravarty, Ms. Astha
Sharma, Amlan Kumar Ghosh, Ms. Jayashree Satpute, Mohit Chaudhary,
Ms. Tripti Poddar, Deboji Borkokati, Vivek Shankar, Ms. Malvika Trivedi,
Ankit Yadav, T. Mahipal, Ms. Sneha Kalita, Ms. Jissy Kurian, S. Ahmed,
Ms. Arna Das, Gaurav Dhingra, M.C. Dhingra, Ms. Indira K., Krishna
Kumar Pandey, Hitesh Kumar Sharma, Mritunjay Kumar Mishra, Mohan
Pandey, G. N. Reddy, Ms. Sujatha Bagadhi, T. Vijaya Bhaskar Reddy,
Shibashish Misra, Ms. Madhusmita Bhattacharjee, Shadan Farasat,
Snehasish Mukherjee, Guntur Prabhakar, Mohit D. Ram., Abhijit
Sengupta, Sanand Ramakrishnan, Avijit Roy, Ms. Rashmi Nandakumar,
M/s. Corporate Law Group, Advs. for the appearing parties.
The Order of the Court was passed by
RANJAN GOGOI, CJI.
1. In our order dated 23rd July, 2019 we had extracted paragraphs
7 and 8 of the Report of Shri Prateek Hajela, learned State Coordinator
dated 10th July, 2019. After setting out the contents of aforesaid two
paragraphs of the Report dated 10th July, 2019 we had deemed it
appropriate to direct the learned State Coordinator to issue a public notice
to enable all stake-holders to appear before this Court, in a representative
capacity, to contest the prayers made by the learned State Coordinator
in the aforesaid two paragraphs of the Report dated 10th July, 2019, if so
desired. The said two paragraphs read as follows:
"7. Another matter which the undersigned wishes to bring to the
kind attention is about such cases of descendants of D Voter (DV)/
Declared Foreigner (DF)/Cases Pending at Foreigners Tribunals/
Other Courts (PFT), whose one parent is DV/DF/PFT but the
parent from whom the legacy is drawn for inclusion in NRC is not
WP(C) 274/2009 4 DV/DF/PFT and is also found eligible for
inclusion in NRC. The Hon'ble Supreme Court in their order of 2
July 2018 have ordered that those persons who are DVs or PFTs
as well as their descendants are not to be included in updated
NRC. As descendance can be drawn from either of the parents,
clarification appears to be required in cases where one of the
parents is clear from all angles (not DV/DF/PFT and eligible for
NRC inclusion) while the other parent is a DV or DF or PFT. It
also appears that while deciding eligibility of descendants,
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provisions of Section 3(1)(b) & (c) of the Citizenship Act, 1955
may be important to be taken into account, though citizenship purely
by birth and not by descendance (Section 3(1)(a) is not eligible
for inclusion in NRC. It is humbly felt that the sustance of Section
3(1)(b) & (c) is that while determining citizenship of any
descendant born up to 3 December, 2004, citizenship eligibility of
any one of the parents suffices, while for those descendants born
on or after 3 December 2004, citizenship eligibility of both the
parents needs to be taken into account. From a conjoint reading
of Hon'ble Supreme Court's order dated 2 July 2018 and the
provisions contained in Section 3(1)(b) & (c) of the Citizenship
Act, 1955, the following appears to be the best course of action:
a. For any NRC Applications/Claimants, if parent/legacy person
through whom eligibility is sought to be established is a DV or DF
or PFT, then such persons will not be included in NRC irrespective
of the status of the other parent.
b. For those persons born before 3 December 2004, if the parent
through whom legacy is drawn is not DV or DF or PFT and is
found eligible for inclusion in NRC, but the other parent from
whom legacy is not drawn is a DV or DF or PFT, then, such
descendants may be included in NRC.
c. For those persons who are born on or after 3 December 2004,
they will not be included in NRC if any of the parent is DV or DF
or PFT even if the parent from whom legacy is drawn is clear
from all angles.
In this regard, it is submitted that the aforementioned matter was
submitted by the deponent before the Judges Committee for opinion
but the Committee advised to seek the order of the Hon'ble Court
on the matter. As such the WP(C) 274/2009 5 above is submitted
for kind approval.
8. That the deponent also would like to seek clarification on the
matter of validity of orders passed under the Illegal Migrants
(Determination by Tribunal) (IMDT) Act. Some of the applicants
have submitted orders passed under IMDT declaring them as
Indian. This matter was also referred by the deponent to the Judges
Committee, however, the Committee advised the deponent to seek
order from the Hon'ble Court on the matter. As such, directions
ASSAM PUBLIC WORKS v. UNION OF INDIA & ORS.
[RANJAN GOGOI, CJI.]
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are sought about acceptability of orders of IMDT, whether
declaring the person to be Indian or Illegal Migrant."
2. Pursuant to our aforesaid order dated 23rd July, 2019, several
Interlocutory Applications (I.As) have been filed contesting the action
proposed under paragraph 7(a) of the said Report dated 10th July, 2019
of the learned State Coordinator primarily on the ground that the said
action runs contrary to the provisions of Section 3 (1)(a) of the Citizenship
Act, 1955 (hereinafter referred to as "the Act") which deals with
acquisition of citizenship by birth in the case of every person born in
India on or after the 26th day of January, 1950 but before the 1st day of
July, 1987.
3. The aforesaid objection against the prayer made by the learned
State Coordinator is sought to be fortified by reference to the following
statement contained in the report dated 10th July, 2019.
"It also appears that while deciding eligibility of descendants,
provisions of Section 3(1)(b) & (c) of the Citizenship Act, 1955
may be important to be taken into account, though citizenship purely
by birth and not by descendance (Section 3(1)(a) is not eligible
for inclusion in NRC."
[underlining is ours]
4. We have heard the learned counsels for the parties as well as
the learned State Coordinator who is present in Court in person. The
purport and effect of the provisions of Section 3 (1) (a) and (b) of the
Act is presently pending consideration before a Constitution Bench of
this court in Writ Petition (Civil) No.311 of 2015. Reference to the
Constitution Bench was made by the order of this Court dated 21st July,
2015 in the said Writ Petition (Civil) No.311 of 2015. The issue pending
is whether the expression "every person born in India" would apply only
to persons born to Indian citizens and whether the expression "either of
whose parents is a citizen of India at the time of his birth" in S.3(1)(b) of
the Citizenship Act, 1955 would apply to only a person who is born to
parents one of whom is a citizen and the other a foreigner, provided he
or she has entered India lawfully and his/her stay in India is not in
contravention of applicable Indian laws.
5. The suggestions/prayers made in paragraph 7(b) and (c) of the
Report dated 10th July, 2019 of the learned State Coordinator are in
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consonance with the provisions of Section 3 (1) (b) and (c) of the Act
and the Standard Operating Procedure (SoP) for disposal of claims and
objections. Therefore, we find no reason to refuse leave to the learned
State Coordinator to act in terms of the action proposed in the said
suggestions/prayers made in Paragraph 7(b) and (c) subject to such
orders that this Court may pass in Writ Petition (Civil) No.311 of 2015.
Moreover, as suggested by the learned State Coordinator, the issue raised
could be best decided by the Tribunal, if so required as and when appeals
are filed.
6. This will bring the Court to a consideration of the prayers made/
suggestions offered by the learned State Coordinator in paragraph 7(a)
of the Report dated 10th July, 2019 and the objections raised in this regard
to the effect that the same overlooks the provisions of Section 3 (1) (a)
of the Act.
7. Even though the contours of the provisions of Sections 3 and
also 6A of the Act are pending consideration by the Constitution Bench
of this Court in W.P.(C) No.562 of 2012 and W.P.(C) No.311 of 2015,
and will be governed by such orders as may be passed, we may, at this
stage, take note of the provisions of Rule 4A the Citizenship (Registration
of Citizens and Issue of National Identity Cards) Rules, 2003 (hereinafter
referred to as "2003 Rules") which are set out hereunder.
"4A. Special provisions as to National Register of Indian
Citizens in the State of Assam-
(1) Nothing in rule 4 shall, on and after the commencement of the
Citizenship (Registration of Citizenship and Issue of National
Identity Cards) Amendment Rules, 2009, apply to the State of
Assam.
(2) The Central Government shall, for the purpose, of the National
Register of Indian Citizens in the State of Assam, cause to carry
out throughout the State of Assam for preparation of the National
Register of Indian Citizens in the State of Assam by inviting
applications from all the residents, for collection of specified
particulars relating to each family and individual, residing in a local
area in the State including the citizenship status based on the
National Register of Citizens 1951, and the electoral rolls up to
the midnight of the 24th day of March, 197l.
ASSAM PUBLIC WORKS v. UNION OF INDIA & ORS.
[RANJAN GOGOI, CJI.]
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(3) The Registrar General of Citizens Registration shall notify the
period and duration of the enumeration in the Official Gazette.
(4) The manner of preparation of the National Register of Indian
Citizens in the State of Assam shall be such as specified in the
Schedule appended to these rules."
8. Rule 4A of the 2003 Rules carves out special provisions in the
matter of preparation of National Register of Indian Citizens in the State
of Assam. The provisions of Rule 4A are a departure to the provisions
contained in Rule 4 of the 2003 Rules which deals with preparation of
National Register of Indian Citizens in the rest of the country. Rule
4A(2) specifically provides that the National Register of Indian Citizens
in the State of Assam shall be prepared by inviting applications from all
the residents calling for specified particulars relating to each family and
individual including the citizenship status based on the National Register
of Citizens 1951 and the electoral rolls upto the midnight of the 24th day
of March,1971. The aforesaid two documents have been supplemented
by an additional list of documents, any of which can be utilized by a
claimant in support of his/her claim for inclusion in the NRC that the
claimant or his ancestor had been residing in the State of Assam on or
before 24th March, 1971. The particulars of the documents included are
as follows:
"LIST A -LIST OF LEGACY DOCUMENTS ADMISSIBLE
1.
Extract of NRC, 1951
2.
Extract/certified copy of Electoral Rolls up to the midnight
of 24th March 1971 (midnight)
3.
Land records including tenancy records of relevant period
[upto 24th March, 1971 (midnight)
4.
Citizenship Certificate issued by competent authority (upto
24th March, 1971 (midnight)
5.
Permanent Residential Certificate issued from outside the
State upto 24th March, 1971 (midnight) (which all should be
got verified from the issuing authority by the Registering
authority)
6.
Refugee registration certificate issued upto 24th March, 1971
(midnight)
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7.
Passport issued by the Government of India upto 24th March,
1971 (midnight)
8.
Life Insurance Corporation of India Insurance Policy (LICI)
of relevant period upto 24th March, 1971 (midnight)
9.
Any license/certificate issued by any Government authority
of relevant period i.e. upto 24th March, 1971 (midnight)
10.
Document showing service/employment under Government
Public Sector Undertaking upto 24th March, 1971 (midnight)
11.
Bank/Post Office Accounts of relevant period i.e. upto 24th
March, 1971 (midnight)
12.
Birth certificates issued by the competent authority upto 24th
March, 1971 (midnight)
13.
Educational certificate issued by Board/Universities upto 24th
March, 1971 (midnight)
14.
Records/processes pertaining to court upto 24th March, 1971
(midnight)
Supporting Documents
15.
Ration cards issued by competent authority with official seal
and signature upto 24th March, 1971 (midnight)
Note: Any of the documents specified in the above List of
Documents would be accepted except Document mentioned
against Sl. 15 which may be regarded as supporting
document only."
9. Rule 4A(4) also provides that the manner of preparation of
National Register of Indian Citizens in the State of Assam will be as laid
down in a separate Schedule appended to the 2003 Rules. Clauses 2
and 3 of the Schedule are extracted below to show that a specific
procedure for entry into the NRC in the State of Assam is provided for.
"2. Manner of preparation of draft National Register of
Indian Citizen in State of Assam-(1)(a) The District Magistrate
shall cause to be published the copies of the National Register of
Citizens, 1951 and electoral rolls up to the midnight of the 24th day
of March, 1971, as available, in sufficient numbers and publish it
and send the same to the Local Register of Citizens Registration
ASSAM PUBLIC WORKS v. UNION OF INDIA & ORS.
[RANJAN GOGOI, CJI.]
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for wide circulation and public inspection in each village and ward.
(b) The Local Registrar of Citizen Registration shall select centrally
located public place for display of the records and for issue and
receipt of the application forms.
(c)The Local Registrar of Citizens Registration shall be the
custodian of the records in the area under his jurisdiction and shall
be responsible for its display during the office hours.
(2) The Local Registrar of Citizen Registration shall receive the
filled up application forms, at the same place where the applications
are issued, and issue the receipt thereof of the applicant.
(3) The Local Registrar of Citizen Registration, after the receipt
of the application under sub-paragraph (3) shall scrutinize the
applications and after its verification, prepare a consolidated list
thereof which shall contain the names of the following persons,
namely:-
(a) persons whose names appear in any of the (electoral rolls up
to the midnight of the 24th day of March, 1971) or in National
Register of Citizens, 1951;
(b) descendants of the persons mentioned in clause(a) above."
"3.Scrutiny of applications.-(1) The scrutiny of applications
received under sub-paragraph (3) of Paragraph 2 shall be made
by comparing the information stated in the application form with
the official records and the persons, of whom the information is
found in order, shall be eligible for inclusion of their names in the
consolidated list.
(2) The names of persons who have been declared as illegal
migrants or foreigners by the competent authority shall not be
included in the consolidated list:
Provided that the names of persons who came in the State of
Assam after 1966 and before the 25th March, 1971 and registered
themselves with the Foreigner Registration Regional Officer and
who have not been declared as illegal migrants or foreigners by
the competent authority shall be eligible to be included in the
consolidated list;
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(3) The names of persons who are originally inhabitants of
the State of Assam and their children and descendants, who
are Citizens of India, shall be included in the consolidated
list if the Citizenship of such persons is ascertained beyond
reasonable doubt and to the satisfaction of the registering
authority;
(4) The Local Registrar of Citizens Registration may, in case of
any doubt in respect of parental linkage or any particular mentioned
in the application received under sub-paragraph (3) of Paragraph
2, refer the matter to the District Magistrate for investigation and
his decision and Local Registrar of Citizens Registration shall also
inform the same to the individual or the family;
(5) The Local Registrar of Citizens Registration may, in respect
of a person who-
(a) was residing in a place other than the State of Assam up to the
midnight of the 24th day of March, 1971; or
(b) has shifted from one district to another within the State of
Assam up to the midnight of the 24th day of March, 1971,
verify information relating to such person through inter-State
correspondence, or, as the case may be, through inter-district
correspondence."
10. An extract from the order of this Court dated 21.07.2015 will
further clarify the issue with regard to original inhabitants of Assam as
well as citizens who may have migrated from other parts of the country
to Assam after 24.03.1971.
"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
ASSAM PUBLIC WORKS v. UNION OF INDIA & ORS.
[RANJAN GOGOI, CJI.]
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SUPREME COURT REPORTS
[2019] 10 S.C.R.
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. The special provision contained in Rule 4A of the 2003 Rules
read with the Schedule framed thereunder, for preparation of National
Register of Indian Citizens in the State of Assam, had been necessitated
on account of the provisions contained in Section 6A of the Act which
are special provisions as to grant citizenship to persons covered by the
Assam Accord. Under Section 6A(2) of the Act, all persons of Indian
origin who had come to the State of Assam before 1st day of January,
1966 from the specified territory (defined as territories included in
Bangladesh) immediately before the commencement of the Citizenship
(Amendment) Act, 1985, including such persons whose names were
included in the electoral rolls for purposes of the General Election to the
House of the People held in 1967, and who have been ordinarily resident
in Assam since the dates of their entry into Assam are deemed to be
citizens of India as on and from 1st day of January, 1966.
12. Person(s) who had entered Assam between 1st day of January,
1966 but before the 25th day of March 1971 and who has been ordinarily
resident in Assam, upon being detected as a foreigner(s), was/were liable
to register himself/themselves in accordance with the Rules made by
the Central Government. On such registration, under Section 6A(4) of
the Act, such a person would have the same rights and obligations as a
Citizen of India; but for a period of ten years he/she shall not be entitled
to have his/her name included in any electoral roll.
13. Section 6A of the Act which was inserted with effect from 7th
December, 1985 by the Citizenship (Amendment) Act, 1985 (Act No.65
of 1985), thus, carves out a special category of citizens in the State of
Assam. In view of the special category of citizens so created a special
procedure came to be prescribed by Rule 4A of the 2003 Rules read
with the Schedule thereto in the matter of preparation of National Register
of Indian Citizens in the State of Assam whereby the claims of all
persons (including persons born in India) for inclusion in the NRC were
to be related to the entries either in the National Register of Citizens
1951 or any of the electoral rolls prepared upto the midnight of the 24th
day of March,1971 or on the basis of any of the additional documents
referred to earlier.
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14. The above said procedure was necessitated on account of a
large number of persons who acquired citizenship by virtue of Section
6A of the Act without being actually born within the territories of India.
Yet, as Section 6A of the Act confers citizenship on such person(s), a
special procedure, indicated above, has to be devised for inclusion in the
NRC in the State of Assam. This is what was agreed upon under the
Assam Accord which led to the introduction of Section 6A in the
Citizenship Act, 1955 with effect from 7th December, 1985.
15. The entire NRC exercise having been performed on the
aforesaid basis, the same cannot be now ordered to be reopened by
initiation of a fresh exercise on certain other parameters that have been
suggested on behalf of the intervenors/applicants on the strength of the
provisions of Section 3(1)(a) of the Act.
16. Insofar as the prayer of the learned State Coordinator with
regard to maintenance of security of the NRC data is concerned, we
direct that an appropriate regime be enacted on lines similar to the security
regime provided for AADHAR data. Only thereafter, the list of inclusions
and exclusions shall be made available to the State Government, Central
Government and Registrar General of India. We further direct that
only hard-copies of the supplementary list of inclusions be published at
the NRC Seva Centers, Circle Offices and Offices of the District
Magistrates of the State. We also direct that the list of exclusions to be
published on 31st August, 2019 shall be published only on on-line and
shall be family-wise.
17. So far as the validity of orders passed under the IMDT Act
are concerned, we direct that such cases shall be governed by the decision
of the Gauhati High Court in Anowar Ali v. State of Assam reported in
2014 (3) GLT 500.
18. We make it clear that subject to orders as may be passed by
the Constitution Bench in Writ Petition (C) No.562 of 2012 and Writ
Petition (C) No.311 of 2015, National Register of Citizens (NRC) will
be updated.
Devika Gujral
Directions issued.
ASSAM PUBLIC WORKS v. UNION OF INDIA & ORS.
[RANJAN GOGOI, CJI.]