RUPAJAN BEGUM versus UNION OF INDIA & ORS.

Citation: [2017] 12 S.C.R. 58 · Decided: 05-12-2017 · Supreme Court of India · Bench: RANJAN GOGOI · Disposal: Case Partly allowed
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Judgment (excerpt)

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(2017) 12 S.C.R. 58 
RUPAJAN BEGUM 
v. 
UNION OF INDIA & ORS. 
(Civil Appeal No. 20858 of2017) 
DECEMBER 05, 2017 
[RANJAN GOGOi AND R. F NARIMAN, JJ.] 
Citizenship Act, 1955 - s. 6A - Assam Panchayat Act, 1994 -
Proof of citizenship - Certificate issued by the Secretary of the 
Village Panchayat in respect of feuwles who have migrated to other 
villages after marriage - High Court held the certificate to be 
invalid - On appeal, held: Certificate issued by GP. Secretary merely· 
acknowledges the shifting of residence of a married woman from 
one village to (mother - Certificate by itself and by no means 
establishes any claim of citizenship of the holder of the certificate -
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It is only a supporting document - Certificate 011ly enables its holder 
to establish a link between the holder and the person from whom 
legacy is claimed - Certificate issued by the GP. Secretary, by no 
means, is proof of citizenship - Such proof will come only if the link 
between the claimant and the legacy person (who has to be a 
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citizen) is established - Certificate has to be verified at two stages, 
first is the authenticity of the certificate itself; and t/1e second is the 
authenticity of the contents thereof - Order of the High Court 
insofar as the invalidity of the certificate, is set aside - Certificates 
would however, be acted upon only to establish a linkage between 
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the holder of such certificate and the person from whom legacy is 
being claimed - Certificate will be put to such limited use only if the 
contents of the certificate are found to be established on due and 
proper enquiry and verification. 
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Partly allowing the appeals, the Court 
HELD: 1.1 The invalidation or the certificate issued by the 
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Secretary or the Village Panchayat and countersigned by the local 
revenue official in respect of females who have migrated to other 
villages after marriage or such certificates issued by jurisdictional 
circle officers in respect of urban areas, was an agreed document 
in the niatter of processing of claims for inclusion in the updated 
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58 
RUPAJAN BEGUM v. UNION OF INDIA & ORS. 
59 
NRC has the effect of affecting a large number of claimants who 
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may have filed their applications for inclusion in the NRC. [Para 
3 and 10] [61-E-F] 
1.2 It would appear that the list of illustrative documents 
including the G.P. Secretary certificate were agreed to by all 
stakeholders in the process of updation of the NRC and the same B 
also had the approval of the Union Government as well as the 
State Government pursuant" to which instructions were issued to 
the district level officers in the matter of issuance of such 
certificate in tune with the required protocol. [Para 13] [64-D] 
1.3 The certificate issued by the Secretary merely c 
acknowledges the shifting of residence of a married woman from 
one village to another. The said certificate by itself and by no 
means establishes any claim of citizenship of the holder of the 
certificate. This is made clear in the illustrative list of documents 
itself by specifying the same to be only a supporting document. 
The certificate only enables its holder to establish a link between D 
the holder and the person from whom legacy is claimed. It has 
been made clear in the several reports of the State Coordinator, 
NRC, Assam that a claim accompanied by such a certificate, 
without details of the legacy person, is to be discarded and in the 
event information as to the legacy person has been furnished, 
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the certificate in question is to be used for the limited purpose of 
providing a linkage after due enquiry and verification. [Para 15] 
[64-G-II; 65-A-B] 
1.4 The certificate issued by the G.P. Secretary, by no means, 
is proof of citizenship. Such proof will come only if the link between 
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the claimant and the legacy person (who has to be a citizen) is 
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established. The certificate has to be verified at two stages. The 
first is the authenticity of the certificate itself; and the second is 
the authenticity of the contents thereof. The latter process of 
verification is bound to be an exhaustive process in the course of 
which the source of information of the facts and all other details 
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recorded in the certificate will be ascertained after giving an 
opportunity to the holder of the certificate. If the document and 
its contents is to be subjected to a thorough search and probe it 
cannot be said why the said certificate should have been 
interdicted by
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