The Supreme Court of India has taken a significant step in addressing concerns related to the National Register of Citizens (NRC) in Assam by issuing a notice on a plea that requests the issuance of national identity cards and the initiation of an appeal process for individuals excluded from the NRC. This move aims to resolve the uncertainties faced by those affected by the NRC process.
The bench, led by Chief Justice of India Surya Kant and including Justices Joymalya Bagchi and Vipul Pancholi, has decided to tag the plea filed by the Assam State Jamiat Ulama-e-Hind with an existing related case. The bench’s directive was succinct: “Issue notice. Tag with pending plea.”
The plea calls for responses from several key entities, including the Central government, the Registrar General and Census Commissioner’s office, the State of Assam, and the State Coordinator’s office. The NRC, which was implemented to identify legitimate Indian citizens and detect unauthorized migrants, had its updated version published on August 31, 2019. This list was crafted under the Supreme Court’s supervision, with applicants needing to prove their presence in India before March 24, 1971, as per the Assam Accord.
Out of over 3.3 crore applicants, approximately 19.06 lakh individuals found themselves excluded from the final NRC list. Despite this, the Union government has not yet officially notified the list. Bodies such as the Foreigners’ Tribunals have treated the 2019 list as final, yet certificates for those included, and rejection slips for those excluded, remain unissued.
This lack of formal notification has left those excluded from the NRC without the opportunity to contest their exclusion in Foreigners’ Tribunals. The Assam State Jamiat Ulama-e-Hind’s petition seeks to address this inaction by urging the issuance of recognition certificates to those included in the NRC and facilitating the appeal process for those excluded.
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During the proceedings, Justice Bagchi remarked on the clarity of Rule 13 concerning the issuance of NRC certificates, stating, “Rule 13 is clear that NRC certificate shall be given.” Senior Advocate MR Shamshad, representing the petitioner, emphasized the stagnation since the NRC’s publication, asserting, “Nothing is being done. People are suffering. Those excluded should be able to appeal. But nothing.”
The petition underscores the substantial ₹1,600 crore expenditure on the NRC exercise, which has now reached an impasse. Essential follow-up actions, including issuing national identity cards as per Section 14A of the Citizenship Act, 1955, read with Rule 13 of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, and launching an appeal process for excluded individuals, remain pending. This inaction raises concerns about the status and treatment of genuine citizens listed in the NRC, leaving them in a state of uncertainty.
