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REPORTABLE  

IN THE SUPREME COURT OF INDIA  

CIVIL ORIGINAL JURISDICTION  

 WRIT PETITION (CIVIL) NO.274 OF 2009  

 ASSAM PUBLIC WORKS   PETITIONER(S)    

VERSUS    UNION OF INDIA & ORS.    RESPONDENT(S)    

WITH  I.A. NOS.114781, 114788,  

114807, 114814, 116964, 117074, 117697 and  117689 of 2019  

O R D E R   

 RANJAN GOGOI, CJI.  

1. In our order dated 23rd July, 2019 we had  

extracted paragraphs 7 and 8 of the Report of Shri  

Prateek Hajela, learned State Coordinator dated 10th  

July, 2019.  After setting out the contents of aforesaid  

two paragraphs of the Report dated 10th July, 2019 we  

had deemed it appropriate to direct the learned State  

Coordinator to issue a public notice to enable all stake-

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holders to appear before this Court, in a representative  

capacity, to contest the prayers made by the learned  

State Coordinator in the aforesaid two paragraphs of the  

Report dated 10th July, 2019, if so desired.   The said  

two paragraphs read as follows:  

“7. Another matter which the undersigned  wishes to bring to the kind attention is about  such cases of descendants of D Voter (DV)/  Declared Foreigner (DF)/Cases Pending at  Foreigners Tribunals/Other Courts (PFT),  whose one parent is DV/DF/PFT but the  parent from whom the legacy is drawn for  inclusion in NRC is not WP(C) 274/2009 4  DV/DF/PFT and is also found eligible for  inclusion in NRC. The Hon’ble Supreme Court  in their order of 2 July 2018 have ordered that  those persons who are DVs or PFTs as well as  their descendants are not to be included in  updated NRC. As descendance can be drawn  from either of the parents, clarification  appears to be required in cases where one of  the parents is clear from all angles (not  DV/DF/PFT and eligible for NRC inclusion)  while the other parent is a DV or DF or PFT.  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  sustance of Section 3(1)(b) & (c) is that while

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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 DV  or DF or 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.     In this regard, it is submitted that the  aforementioned matter was submitted by the  deponent before the Judges Committee for  opinion but the Committee advised to seek the

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order of the Hon’ble Court on the matter. As  such the WP(C) 274/2009 5 above is  submitted for kind approval.     8. That the deponent also would like to seek  clarification on the matter of validity of orders  passed under the Illegal Migrants  (Determination by Tribunal) (IMDT) Act. Some  of the applicants have submitted orders  passed under IMDT declaring them as Indian.  This matter was also referred by the deponent  to the Judges Committee, however, the  Committee advised the deponent to seek order  from the Hon’ble Court on the matter. As  such, directions are sought about  acceptability of orders of IMDT, whether  declaring the person to be Indian or Illegal  Migrant.”   

 2. Pursuant to our aforesaid order dated 23rd July,  

2019, several Interlocutory Applications (I.As) have been  

filed contesting the action proposed under paragraph  

7(a) of the said Report dated 10th July, 2019 of the  

learned State Coordinator primarily on the ground that  

the said action runs contrary to the provisions of  

Section 3 (1)(a) of the Citizenship Act, 1955 (hereinafter  

referred to as “the Act”) which deals with acquisition of  

citizenship by birth in the case of every person born in

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India on or after the 26th day of January, 1950 but  

before the 1st day of July, 1987.   

 3. The aforesaid objection against the prayer made by  

the learned State Coordinator is sought to be fortified by  

reference to the following statement contained in the  

report dated 10th July, 2019.  

“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.”       

[underlining is ours]    

 4. We have heard the learned counsels for the parties  

as well as the learned State Coordinator who is present  

in Court in person.  The purport and effect of the  

provisions of Section 3 (1) (a) and (b) of the Act is  

presently pending consideration before a Constitution  

Bench of this court in Writ Petition (Civil) No.311 of

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2015.  Reference to the Constitution Bench was made  

by the order of this Court dated 21st July, 2015 in the  

said Writ Petition (Civil) No.311 of 2015.  The issue  

pending is whether the expression “every person born in  

India” would apply only to persons born to Indian  

citizens and whether the expression “either of whose  

parents is a citizen of India at the time of his birth” in  

S.3(1)(b) of the Citizenship Act, 1955 would apply to  

only a person who is born to parents one of whom is a  

citizen and the other a foreigner, provided he or she has  

entered India lawfully and his/her stay in India is not  

in contravention of applicable Indian laws.  

5. The suggestions/prayers made in paragraph 7(b)  

and (c) of the Report dated 10th July, 2019 of the learned  

State Coordinator are in consonance with the provisions  

of Section 3 (1) (b) and (c) of the Act and the Standard  

Operating Procedure (SoP) for disposal of claims and  

objections.  Therefore, we find no reason to refuse leave

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to the learned State Coordinator to act in terms of the  

action proposed in the said suggestions/prayers made  

in Paragraph 7(b) and (c) subject to such orders that this  

Court may pass in Writ Petition (Civil) No.311 of 2015.   

Moreover, as suggested by the learned State  

Coordinator, the issue raised could be best decided by  

the Tribunal, if so required as and when appeals are  

filed.    

6. This will bring the Court to a consideration of the  

prayers made/suggestions offered by the learned State  

Coordinator in paragraph 7(a) of the Report dated 10th  

July, 2019 and the objections raised in this regard to  

the effect that the same overlooks the provisions of  

Section 3 (1) (a) of the Act.    

7. Even though the contours of the provisions of  

Sections 3 and also 6A of the Act are pending  

consideration by the Constitution Bench of this Court

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in W.P.(C) No.562 of 2012 and W.P.(C) No.311 of 2015,   

and will be governed by such orders as may be passed,  

we may, at this stage, take note of the provisions of Rule  

4A the Citizenship (Registration of Citizens and Issue of  

National Identity Cards) Rules, 2003 (hereinafter  

referred to as “2003 Rules”) which are set out  

hereunder.    

“4A. Special provisions as to National  Register of Indian Citizens in the State  of Assam—      (1) Nothing in rule 4 shall, on and after the  commencement of the Citizenship  (Registration of Citizenship and Issue of  National Identity Cards) Amendment Rules,  2009, apply to the State of Assam.    (2) The Central Government shall, for the  purpose, of the National Register of Indian  Citizens in the State of Assam, cause to  carry out throughout the State of Assam for  preparation of the National Register of  Indian Citizens in the State of Assam by  inviting applications from all the residents,  for collection of specified particulars  relating to each family and individual,  residing in a local area in the State  including the citizenship status based on  the National Register of Citizens 1951, and  the electoral rolls up to the midnight of the

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24th day of March, 197l.    (3) The Registrar General of Citizens  Registration shall notify the period and  duration of the enumeration in the Official  Gazette.    (4) The manner of preparation of the  National Register of Indian Citizens in the  State of Assam shall be such as specified in  the Schedule appended to these rules.”  

 8. 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

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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 24th March,  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

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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)  

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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,

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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;   

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(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;   

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(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.”  

10. An extract from the order of this Court dated  

21.07.2015 will further clarify the issue with regard to  

original inhabitants of Assam as well as citizens who  

may have migrated from other parts of the country to

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Assam after 24.03.1971.  

“Insofar as clause 3(3) of the Schedule  appended to the Rules is concerned, we  clarify that the expression “original  inhabitants of the state of Assam” would  include the “Tea Tribes” and the inclusion of  such original inhabitants would be on the  basis of proof to the satisfaction of the  Registering Authority which establishes the  citizenship of such persons beyond  reasonable doubt. Any directions by the  Registrar General of India in this regard  shall also be followed by the Registering  Authority.    Insofar as clause 3(5) of the Schedule to the  Rules is concerned, we clarify that Indian  citizens, including their children and  descendants, who may have moved to the  State of Assam subsequent to 24th March,  1971 would be eligible for inclusion in the  NRC on adducing satisfactory proof of  residence in any part of the country (outside  Assam) as on 24th March, 1971.”   

11. 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

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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.    

12. 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

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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.    

13. 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

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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.   

14. 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.  

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15. 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.    

16. Insofar as the prayer of the learned State  

Coordinator with regard to maintenance of security of  

the NRC data is concerned, we direct that an  

appropriate regime be enacted on lines similar to the  

security regime provided for AADHAR data.  Only  

thereafter, the list of inclusions and exclusions shall be  

made available to the State Government, Central  

Government and Registrar General of India.   We further  

direct that only hard-copies of the supplementary list of  

inclusions be published at the NRC Seva Centers, Circle  

Offices and Offices of the District Magistrates of the  

State.  We also direct that the list of exclusions to be

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published on 31st August, 2019 shall be published only  

on on-line and shall be family-wise.     

 17. So far as the validity of orders passed under the  

IMDT Act are concerned, we direct that such cases shall  

be governed by the decision of the Gauhati High Court  

in Anowar Ali v. State of Assam reported in 2014 (3) GLT  

500.   

18. We make it clear that subject to orders as may be  

passed by the Constitution Bench in Writ Petition (C)  

No.562 of 2012 and Writ Petition (C) No.311 of 2015,  

National Register of Citizens (NRC) will be updated.   

       ………………......................CJI.  

      [RANJAN GOGOI]    

        ………………......................J.  

[ROHINTON FALI NARIMAN]      NEW DELHI  AUGUST 13, 2019