KAMALAKHYA DEY PURKAYASTHA AND ORS. versus UNION OF INDIA AND ORS .

Citation: [2017] 12 S.C.R. 79 · Decided: 05-12-2017 · Supreme Court of India · Bench: RANJAN GOGOI · Disposal: Disposed off
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Judgment (excerpt)

[2017) 12 S.C.R. 79 
KAMALAKHYA DEY PURKAYASTHA AND ORS. 
A 
v. 
UNION OF INDIA AND ORS . 
. (Writ Petition (Civil) No. 10~0 of2017) 
DECEMBER 05, 2017 
[RANJAN GOGOi AND R. F. NARIMAN, JJ.] 
B 
Citizenship (Registratio11 of Citizens and Issues of National 
lde11tity Cards) Rules, 2003 - Schedule (Special Provisions as to 
man11er of Preparation of National Register of Indian Citizen in 
C 
State of Assam) - Clause 3(3) - National Register of Indian Citizen 
- Claims for inclusion of perso11s who are originally inhabitants of 
the State of Assam - Expression "originally inhabitants of the State 
of Assam" - Clarification of- Held: Identification of persons who 
are originally inhabitants of the State of Assam as against those 
who are not does not determine cmy entitlement for inclusion in the 
D 
NRC which is on the basis of proof of citizenship alone and nothing 
else - Neither does such identification confer a11y !fiecial entitlement 
or benefit - Apprehension that by the process of verification of the 
claims for inclusio11 in the National Register of Indian Citizen (NRC) 
based on the claim to be originally inhabitants of the State of Assam 
E 
a superior class of citizens is being created are wholly unfounded -
Exercise of upgradation of NRC is not intended to be one of 
identification and determination of who are originally inhabitants 
of the State of Assam - Sole test for inclusion in the NRC is citizenship 
under the Constitution of India and under the Citizenship Act 
including s.6A thereof - Citizens who are origi11ally inhabitants of F 
the State of Assam and those who are not are at par for inclusion in 
the NRC. 
. 
Disposing of the writ petitions and Interlocutory 
Applications, the Court 
HELi): 1.1 Clause 3(3) of the Schedule (Special Provisions 
as to manner .of Preparation of National Register of Indian Citizen 
in State of Assam) to the Citizenship (Registration of Citizens 
and Issues of National Identity Cards) Rules, 2003 provides for 
identification of persons entitled to be included in the National 
79 
G 
H 
80 
A 
B 
c 
D 
E 
F 
SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
Register of Citizens (NRC) by a process different from what is 
enumerated in Clause 3(2) and, therefore, the said Clause i.e. 
3(3) constitutes an exception thereto. Clause 3(3) contemplates 
a less strict and vigorous process for deciding claims for inclusion 
in the NRC insofar as persons who are originally inhabitants of 
the State of Assam are concerned. Identification of persons who 
are originally inhabitar.ts of the State of Assam as against those 
who are not does not determine any entitlement for inclusion in 
the NRC which is on the basis of proof of citizenship alone and 
nothing else. Neither does such identification confer any special 
entitlement or benefit. This has, infact, been clarified in several 
of the reports submitted by the learned Coordinator before this 
Court. [Para 4] [83-B-D] 
The prayer made in the writ petitions and the I.As, is 
founded on an apprehension that by the process of verification of 
the claims for inclusion in the NRC based on the claim to be 
originally inhabitants of the State of Assam a superior class of 
citizens is being created. The question who is originally inhabitant 
of the State of Assam, according to the applicants and the writ 
petitioners, ":ay also have impact on the entitlement of such 
persons in th1: matter of opportunities for education, employment 
etc. vis-a-vis the second category of citizens i.e. who are not 
originally inhabitants of Assam. All such apprehensions are wholly 
unfounded. The exercise of upgradation of NRC is not intended 
to be one of identification and determination of who are originally 
inhabitants of the State of Assam. The sole test for inclusion in 
the NRC is citizenship under the Constitution of India and under 
the Citizenship Act including Section 6A thereof. Citizens who 
are originally inhabitants/residents of the State of Assam and those 
who are not are at par for inclusion in the NRC. In view thereof, 
there is no reason to issue any direction or clarification as to the 
meaning of the term "originally inhabitants of the State of Assam" 
G as sought for in the present Writ Petitions and the Interlocutory 
Application(s). [Paras 5-7] [83-E-H; 84-A-B] 
H 
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 
1020 of 2017. 
KAMALAKHYA DEY PURKAYASTHA AND ORS. v. UNION 
81 
OF INDIA AND ORS. 
Under Article 32 of the Constitution
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