Supreme Court Seeks Centre, Assam’s Response on NRC Identity Cards Plea

The Supreme Court on Monday directed the Union Government and the Assam government to file their responses to a batch of petitions seeking the issuance of National Register of Citizens (NRC) identity cards to people whose names were included in the final NRC published in August 2019.

A bench comprising Justice P.S. Narasimha and Justice Alok Aradhe passed the direction while hearing petitions filed by the Jamiat Ulema-e-Hind, the All Assam Minority Students’ Union (AAMSU) and the Assam Sankhyalaghu Sangram Parishad.

Senior Advocate Kapil Sibal, appearing for the Jamiat, told the court that although notices had been issued, responses from the Centre and the Assam government were still awaited. He also sought permission to file a rejoinder to the response submitted by the Registrar General of India.

Senior Advocate Manish Goswami also mentioned an interlocutory application relating to a petition filed by former NRC Coordinator Hitesh Dev Sarma. Goswami submitted that the prayers in Sarma’s petition were substantially opposite to those in the petitions currently before the court and requested that the matter be tagged with the other cases.

Sarma’s petition seeks re-certification or re-verification of the NRC on the ground that the final list contains several inaccuracies.

After hearing Additional Solicitor General Aishwarya Bhati, appearing for the Centre, the Supreme Court allowed Sarma’s petition to be tagged with the other matters and directed that it be heard after the Centre and Assam government file their replies.

The petitioners have argued that the publication of the NRC in 2019 did not complete the statutory process. They contend that authorities have not taken the steps required under the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.

According to the petitioners, this includes issuing National Identity Cards to around 3.11 crore people whose names were included in the NRC, as provided under Rule 13 of the 2003 Rules.

They have also sought the issuance of rejection slips and commencement of the appeal process for around 19 lakh people whose names were excluded from the NRC.

The petitioners have argued that the failure to complete these statutory procedures has left the NRC exercise incomplete and has made the process arbitrary and unconstitutional, allegedly violating Articles 14 and 21 of the Constitution.

The Supreme Court’s latest direction means the matter will now proceed after the Union and Assam governments submit their responses.