Supreme Court Directs Finalization of NRC in Assam: Citizenship and Foreigners' Rights

The case of Assam Public Works vs. Union of India & Ors. involved the long-pending dispute over the National Register of Citizens (NRC) in Assam and its implications on citizenship status. The Supreme Court, in its judgment dated 13th August 2019, issued directions on the finalization of the NRC while upholding the legal procedures for citizenship determination under the Citizenship Act, 1955 and the Foreigners Act, 1946. The ruling has significant implications for individuals classified as D Voters (DVs), Declared Foreigners (DFs), and Persons with Cases Pending before Foreigners Tribunals (PFTs).

Background of the Case

The dispute arose over the updating of the NRC in Assam, an exercise meant to identify illegal migrants and distinguish them from genuine citizens. The NRC was being updated as per the guidelines laid down in the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, following the Assam Accord of 1985.

The petitioners challenged various aspects of the NRC process, particularly the status of individuals whose parents were either declared foreigners or had pending cases before the Foreigners Tribunals. The key issue was whether such individuals could be included in the NRC.

Key Issues in Dispute

Whether individuals whose parents were declared foreigners (DFs) or had pending cases (PFTs) could be included in the NRC.
Whether the provisions of the Citizenship Act, 1955 relating to birthright citizenship applied to such individuals.
The validity of orders passed under the Illegal Migrants (Determination by Tribunals) Act (IMDT).
The role of the State Coordinator and compliance with previous Supreme Court orders on the NRC process.

Arguments by the Petitioners (Assam Public Works)

The petitioners contended that persons whose parents were declared foreigners or had pending cases should be excluded from the NRC.
They argued that the Supreme Court’s order of 2nd July 2018 explicitly prohibited the inclusion of such individuals.
The petitioners also sought clarity on the status of individuals who were declared Indian citizens by tribunals under the now-repealed IMDT Act.
They contended that illegal migration into Assam was a serious concern, and the NRC process must be rigorously applied.

Arguments by the Respondents (Union of India & Assam State Coordinator)

The respondents submitted that Section 3(1)(b) & (c) of the Citizenship Act, 1955 allowed for individuals born before 3rd December 2004 to be considered citizens if one parent was an Indian citizen.
They clarified that individuals whose legacy (parental connection) was drawn from a non-foreigner parent should be considered for inclusion.
However, for those born on or after 3rd December 2004, both parents’ citizenship status had to be verified.
The State Coordinator sought clarification on whether orders passed under the IMDT Act could be relied upon in NRC determinations.

Supreme Court’s Observations

1. Status of Individuals with Foreigners’ Legacy

The Supreme Court reiterated that individuals whose parent(s) were declared foreigners should not be included in the NRC unless they met the statutory criteria under the Citizenship Act. The Court stated:

“For those born before 3rd December 2004, if the parent through whom legacy is drawn is not a DF/PFT and is eligible for NRC inclusion, then such descendants may be included.”

2. Orders Under the IMDT Act

The Court ruled that orders passed under the repealed IMDT Act could not be automatically relied upon for NRC inclusion. Instead, such cases would be governed by the decision in Anowar Ali v. State of Assam, as ruled by the Gauhati High Court.

“IMDT orders do not have the same legal sanctity as Foreigners Tribunal decisions, and each case must be assessed on merit.”

3. Special NRC Rules for Assam

The Supreme Court affirmed that the NRC process in Assam was governed by Rule 4A of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, which required proof of residence before 24th March 1971.

“Assam’s NRC rules differ from the national rules, and individuals must prove ancestry through the NRC 1951 or electoral rolls up to 1971.”

4. Protection of NRC Data

The Court ordered that NRC data security measures should be implemented in line with the security protocol used for Aadhaar data.

“Until an appropriate security regime is enacted, NRC data shall not be made publicly available in its entirety.”

Final Verdict

The Supreme Court directed the finalization of the NRC while ensuring compliance with the Citizenship Act.
It ruled that individuals whose parents were declared foreigners must be assessed as per statutory provisions.
The Court upheld the Assam NRC’s unique verification process and refused to reopen it on additional grounds.
Security protocols for NRC data must be enacted before making it publicly accessible.

Implications of the Judgment

Ensures that the NRC process adheres strictly to citizenship laws.
Clarifies that the children of declared foreigners are not automatically excluded but must meet legal criteria.
Provides legal clarity on the non-reliability of IMDT orders for NRC inclusion.
Strengthens the security measures for NRC data.

Conclusion

The Supreme Court’s ruling in this case has far-reaching implications for the NRC process in Assam. By affirming legal safeguards in citizenship determination and ensuring strict compliance with the Citizenship Act, the judgment reinforces the rule of law. The decision also upholds the importance of national security while balancing humanitarian concerns, ensuring that individuals are not wrongfully excluded or included in the NRC.

Petitioner Name: Assam Public Works.
Respondent Name: Union of India & Ors..
Judgment By: Justice Ranjan Gogoi, Justice Rohinton Fali Nariman.
Place Of Incident: Assam.
Judgment Date: 13-08-2019.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Assam Public Works vs Union of India & Ors Supreme Court of India Judgment Dated 13-08-2019.pdf

Direct Downlaod Judgment: Direct downlaod this Judgment

See all petitions in Fundamental Rights
See all petitions in Public Interest Litigation
See all petitions in Judgment by Ranjan Gogoi
See all petitions in Judgment by Rohinton Fali Nariman
See all petitions in allowed
See all petitions in Declared Infructuous
See all petitions in supreme court of India judgments August 2019
See all petitions in 2019 judgments

See all posts in Constitutional Cases Category
See all allowed petitions in Constitutional Cases Category
See all Dismissed petitions in Constitutional Cases Category
See all partially allowed petitions in Constitutional Cases Category