Legal Validity of Gaon Panchayat Certificates in NRC Process: Supreme Court’s Verdict

The case of Rupajan Begum vs. Union of India & Others revolves around the legal admissibility of Gaon Panchayat Secretary Certificates in the process of verification for inclusion in the National Register of Citizens (NRC). The Supreme Court had to determine whether these certificates could serve as valid supporting documents to establish linkage for citizenship claims.

The Supreme Court’s judgment clarified that while these certificates cannot be conclusive proof of citizenship, they may be used as supporting documents provided they undergo thorough scrutiny and verification. The ruling has significant implications for individuals in Assam facing citizenship verification issues.

Background of the Case

In Assam, individuals claiming Indian citizenship had to prove their ancestry through documentary evidence. One of the supporting documents was a certificate issued by the Gaon Panchayat Secretary, particularly for married women who migrated from one village to another after marriage.

The Gauhati High Court, in an order dated 28th February 2017, held that such certificates were invalid in law and could not be considered in NRC verification. The High Court’s decision sparked concern among affected individuals, leading to multiple appeals being filed before the Supreme Court.

Legal Issues

The key legal questions before the Supreme Court were:

• Whether the Gaon Panchayat Secretary Certificate could be used as a supporting document for NRC verification.
• Whether the High Court was correct in declaring the document invalid for citizenship determination.
• Whether individuals who had already submitted such certificates should be given an opportunity for re-evaluation.

Arguments by the Petitioner (Rupajan Begum and Others)

The petitioners contended:

• The NRC verification process was agreed upon after consultations with various stakeholders, including the state and central governments.
• The illustrative list of admissible documents for NRC verification included the Gaon Panchayat Secretary Certificate as a supporting document.
• The High Court’s ruling invalidating the certificate would unfairly affect a large number of claimants who had already submitted it.
• The certificate did not prove citizenship by itself but only established linkage with ancestors.

Arguments by the Respondent (Union of India)

The respondents argued:

• Citizenship under Section 6A of the Citizenship Act, 1955, had to be determined based on documents predating 24th March 1971.
• Certificates issued by the Gaon Panchayat Secretary were not public documents under the Indian Evidence Act and lacked official records for authentication.
• The High Court rightly invalidated the certificate as it could be misused to facilitate false claims of citizenship.
• Verification of such documents would be challenging due to the lack of government records supporting their issuance.

Supreme Court’s Observations

The Supreme Court examined the High Court’s ruling and the modalities agreed upon for NRC verification. The Court made the following observations:

“The certificate issued by the Gaon Panchayat Secretary merely acknowledges the shifting of residence of a married woman from one village to another. The said certificate by itself and by no means establishes any claim of citizenship of the holder of the certificate.”

The Court further noted:

“The certificate only enables its holder to establish a link between the holder and the person from whom legacy is claimed. It has been made clear in the illustrative list of documents itself by specifying the same to be only a supporting document.”

Final Judgment

The Supreme Court ruled that:

• The High Court’s order invalidating the certificate was set aside.
• The Gaon Panchayat Secretary Certificate can be used as a supporting document but cannot independently prove citizenship.
• Verification of these certificates must include two stages: authentication of the certificate itself and verification of the contents through inquiry.
• Authorities must scrutinize such documents before considering them for NRC verification.

Implications of the Judgment

This ruling has significant implications for citizenship verification in Assam:

• Provides clarity on the role of supporting documents in NRC verification.
• Prevents blanket rejection of Gaon Panchayat Certificates while ensuring they undergo strict scrutiny.
• Offers relief to individuals who had submitted such certificates in their NRC claims.
• Strengthens the verification process by requiring authorities to conduct detailed inquiries.

Conclusion

The Supreme Court’s decision in Rupajan Begum vs. Union of India ensures that procedural fairness is maintained in the NRC verification process. By allowing Gaon Panchayat Secretary Certificates as supporting documents while mandating strict verification, the ruling strikes a balance between protecting genuine claimants and preventing misuse. This judgment is a crucial precedent in citizenship verification cases in India.

Judgment delivered by: Ranjan Gogoi, Rohinton Fali Nariman

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