New Delhi: The Supreme Court on Monday sought responses from the Centre and the Assam government on petitions seeking the issuance of identity cards to individuals whose names were included in the Final National Register of Citizens (NRC) published in August 2019.
The bench of Justices P.S. Narasimha and A.S. Chandurkar also issued a notice to the NRC Coordinator while hearing separate petitions filed by the All Assam Minorities Students’ Union (AAMSU) and Jamiat Ulama–i-Hind.
The pleas urged the court to direct the Centre and the Registrar General and Census Commissioner to complete the pending statutory processes since the publication of the Final NRC on August 31, 2019.
Filed by advocate Fuzail Ahmad Ayyubi, the petitions noted that despite the passage of six years since the publication of the NRC, authorities have failed to discharge their legal duties to issue National Identity Cards to those whose names appear in the final list. The petitioners argued that this is mandatory under Rule 13 of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. They also pointed out that rejection slips must be issued to those excluded from the NRC to enable them to file appeals before the competent authorities.
The final NRC had included over 30 million people, while about 1.9 million were excluded for failing to furnish the required documents.
Senior advocates Kapil Sibal and Indira Jaising, appearing for the petitioners, contended that the right to receive a citizenship identity card is a fundamental right under Article 32 of the Constitution. Jaising argued that the continued denial of identity cards was “unconstitutional, arbitrary, and violative of Articles 14 and 21.”
The bench, however, initially suggested that the petitioners approach the high court instead. Sibal countered, saying the Supreme Court itself had supervised the NRC process in Assam from 2013 until its publication in 2019.
In response, the bench observed, “That is precisely why you should approach the high court under Article 226. What you seek is a follow-up of the statute and of this court’s earlier judgment.”
The final NRC, jointly published by the Registrar General of India and the State Coordinator was the culmination of years of verification, cross-checking of legacy data, and scrutiny of more than 30 million applications, aimed at resolving Assam’s long-standing citizenship issue.
ALSO READ: Assam Cabinet approves Rs 25 lakh grant for cricketer Uma Chetry
The Jamiat, in its petition, said that the issue of illegal immigration in Assam can only be lawfully and conclusively addressed by completing the NRC process in accordance with the statutory framework. Leaving the NRC suspended after its final publication has resulted in the creation of a large population of “uncertain citizens” and prolonged a climate of suspicion, fear, and social division, it said.
The petitioners also noted that over Rs 1,600 crore and significant judicial time had been spent on the NRC exercise, which now needs to be taken to its logical conclusion.
