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10 Nov 2025, 06:29 AM
The Supreme Court today(November 10) issued notice in a writ petition filed by Jamiat Ulama-i-Hind and All Assam Minorities Student Union (AAMSU) seeking directions to the Union of India and the Registrar General of Citizen Registration to complete the process of the National Register of Citizens (NRC) in Assam by taking the statutory steps that remain pending since the publication of the Final NRC on 31 August 2019.
The petitioners seek directions to issue National Identity Cards to those included in the final NRC. They also seek directions for issuance of rejection slips/orders and commencement of appeals for those excluded, enabling lawful adjudication before the Foreigners' Tribunals.
The petitioners have mainly sought that despite the publication of Final NRC more than 6 years ago, the authorities have failed to take the mandatory steps under the law, which is the issuance of National Identity Cards to the 3.11 crore citizens found eligible, as required under Rule 13 of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003; and issuance of rejection slips and initiation of appeals under Paragraph 8 of the Schedule to Rule 4A of the said Rules for the 19 lakh persons excluded from the NRC.
The petitioners argue that the failure to take these steps has rendered the final NRC an incomplete exercise — unconstitutional, arbitrary, and violative of Articles 14 and 21 of the Constitution..
Before a bench comprising Justice PS Narasimha and Justice AS Chandurkar, Senior Advocates Kapil Sibal and Indira Jaising appeared. Jaising submitted that it is a fundamental right of a citizen to obtain an identity card declaring their Indian citizenship during the NRC exercise.
At the ouset, Justice Narasimha questioned the locus of the petitioners. He said: "Why here?"
Sibal responded that it was the Supreme Court which has been monitoring the updating of the NRC since 2013 to 2019. Jaising submitted that the prayers in this petition are limited as the petitioners are asking for the issuance of the identity card. The counsels also pressed for the urgency of the prayer, considering that elections are due.
Jasing said: "I want to point out the limited nature of claim made. The exercise is complete. There is no dispute as to who is on the register and who is not on the register. The issue before the Court is not we want to get on to the register or we don't want to be out of the register. That process is complete on the orders of this Court. There is only one last step which remains, that is the issuance of the identity card."
However, Justice Narasimha responded that going to the concerned High Court would be a better choice. He said: "What you are asking is a follow-up of the statute and the judgment. That is the reason we are saying that in this case there are more reasons for you to go to the High Court under Article 226 and not Article 32."
Jaising responded that there is a need to fast-track issues of citizenship. "Lordship knows they are created a problem country-wise. Fortunately, for Assam, there is no problem. There are two major reasons to come to the Supreme Court directly under Article 32. There is no dispute of questions of fact involved here. Nobody is disputing the fact that the exercise is complete. We are not disputing why I am on the register or why I am not. Now, surely I have a fundamental right under Article 32 of the Constitution of India to receive a national citizenship identity card. The reason being, I have been identified as a citizen. This is the reason for coming under Article 32 directly to this Court because I have a fundamental right to have my citizenship declared."
Further, she said that the entire issue of whether a person is a citizen or not was monitored by the Supreme Court for an extended period of 5 years. "All we ask is that the final step be concluded. Having concluded the 99.9 percent of the exercise, it is only the remaining 1 percent," Jaising completed.
Sibal also said: "We just want the execution of the orders so that we get our identity card and who don't get it get the right to appeal...six years they have kept quiet and not given us the identity card."
Justice Narasimha said that the process is closest to the parent where the exercise was done.
Ultimately, the Court issued notice to the respondents- the Union Governemnt, Assam Government, the Census Commissioner and the State NRC Coordiantor.
Case Details: ALL ASSAM MINORITIES STUDENTS UNION AAMSU Vs UNION OF INDIA|W.P.(C) No. 1030/2025
Appearances: Senior Advocates Kapil Sibal and Indira Jaising to appear in the matter along with AOR Fuzail Ahmad Ayyubi.