ASSAM PUBLIC WORKS versus UNION OF INDIA & ORS.

Citation: [2019] 10 S.C.R. 217 · Decided: 13-08-2019 · Supreme Court of India · Bench: RANJAN GOGOI · Disposal: Directions issued
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Judgment (excerpt)

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ASSAM PUBLIC WORKS
v.
UNION OF INDIA & ORS.
(Writ Petition (C) No. 274 of 2009)
AUGUST 13, 2019
[RANJAN GOGOI, CJI AND R. F. NARIMAN, J.]
Citizenship Act, 1955:  ss.3, 6 – State of Assam – Report of
State Coordinator – Action proposed in Paragraph 7(a) that 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 – Challenged on the ground that the said
action ran contrary to the provisions of s.3(1)(a) of the Act which
dealt with acquisition of citizenship by birth in the case of every
person born in India on or after the 26.1.1950 but before 1.7.1987
– Held: The purport and effect of provisions of s.3(1)(a) and (b) of
the Act is pending consideration before a Constitution Bench of
this court in Writ Petition (c) 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 Act 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.
Citizenship Act, 1955:  State of Assam – Report of State
Coordinator – Actions proposed in Paragraph 7(b) and 7(c) that
those persons born before 3.12.2004, 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;  and those persons who are born on or after 3.12. 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 – The suggestions/prayers made in paragraph 7(b) and (c)
   [2019] 10 S.C.R. 217
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SUPREME COURT REPORTS
[2019] 10 S.C.R.
of Report dated 10.7.2019 of the State Coordinator are in
consonance with the provisions of s.3(1)(b) and (c) of the Act and
the Standard Operating Procedure (SoP) for disposal of claims and
objections – Therefore, there is no reason to refuse leave to the
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 (c) No.311 of 2015
– Moreover, as suggested by the State Coordinator, the issue raised
could be best decided by the Tribunal, if so required as and when
appeals are filed.
Citizenship (Registration of Citizens and Issue of National
Identity Cards) Rules, 2003 – rr.4A, 6A – r.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 – r.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 24.3.1971 – The special provision contained in r.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 s.6A of the
Act which are special provisions as to grant citizenship to persons
covered by the Assam Accord – Under s.6A(2) of the Act, all persons
of Indian origin who had come to the State of Assam before 1.1.1966
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 1.1.1966
– Person(s) who had entered Assam between 1.1.1966 but before
the 25.3.1971 and who has been ordinarily resident in Assam, upon
being detected as a foreigner(s), was/were liable to register himself/
themselves in
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