National Register of Citizens (NRC)

Assam Public Works vs Union Of India

National Register of Citizens (NRC)

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. It is humbly felt that the substance 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 descendants of D Voter (DV)/ Declared Foreigner (DF)/Cases Pending at Foreigners Tribunals/Other Courts (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.

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.

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 24 March, th 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)

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 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;

(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.”

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.

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.

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.

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.

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.

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Note: This is not the complete judgment. Consists of only relevant portion of the original judgment.