Supreme Court asks Centre, Assam to file replies on pleas for issuance of NRC ID cards
The Supreme Court directed the Union Government and the Government of Assam to file replies on petitions seeking issuance of National Identity Cards to persons included in Assam's National Register of Citizens (NRC)
The petitions state that over 3.11 crore persons found eligible in the final NRC list have still not received their identity cards
Around 19 lakh persons were excluded from the final NRC list and, per the petitions, have not been issued rejection slips or given the opportunity to file appeals
The Centre and Assam government were given a set period to file their counter-affidavits
Section 6A of the Citizenship Act, 1955 — Legal Basis for the Assam NRC
Section 6A was inserted into the Citizenship Act, 1955 to give legal effect to the Assam Accord of 1985, creating a special citizenship framework applicable only to Assam. It classifies persons of Indian origin who entered Assam from Bangladesh (then East Pakistan) based on specific cut-off dates, determining who is deemed a citizen and who must be detected and, where applicable, subject to further legal process.
Key Details
- Persons who entered Assam before 1 January 1966: deemed citizens
- Persons who entered between 1 January 1966 and 24 March 1971: could register as citizens after a specified process, with some rights (e.g., voting) initially restricted for a period
- Persons who entered on or after 25 March 1971: treated as illegal migrants, liable for detection and action under the Foreigners Act, 1946
- The Supreme Court upheld the constitutional validity of Section 6A in In Re: Section 6A of the Citizenship Act, 1955 (2024)
The NRC update whose final list produced the 3.11 crore eligible and 19 lakh excluded figures was conducted precisely to operationalise the cut-off framework laid down under Section 6A.
The Assam Accord, 1985 and the NRC Update Process
The Assam Accord was signed in 1985 between the Union Government and leaders of the Assam Movement to end a six-year agitation against illegal migration. It committed to detecting and deporting foreigners who entered Assam after 24 March 1971 and to updating the NRC — a citizens' register first prepared in 1951 — to reflect this cut-off.
Key Details
- The Assam Accord's implementation was significantly delayed; the Supreme Court began monitoring the NRC update process in 2013 (in a case filed by Assam Public Works)
- The final updated NRC was published on 31 August 2019, drawing on Section 6A's cut-off dates
- Of over 3.3 crore applicants, roughly 19 lakh were excluded from the final list
- The National Register of Citizens is distinct from the National Population Register (NPR), which is maintained under the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, across the whole country
The current petitions concern the next legal step after the 2019 publication — actual issuance of identity documents to those found eligible and a fair appeal process for those excluded — which has remained pending for years.
Rule 13 and National Identity Cards — Citizenship Rules, 2003
The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, framed under the Citizenship Act, 1955, provide the machinery for compiling the National Register of Indian Citizens and for issuing National Identity Cards to those registered as citizens under the Rules. Rule 13 specifically governs the issuance of these identity cards to persons whose names have been included in the register following due verification.
Key Details
- The 2003 Rules are the general, nationwide framework for a National Register of Citizens; Assam's NRC update was conducted as a Supreme Court-monitored exercise applying Section 6A's Assam-specific cut-offs
- Petitioners in the present case relied on Rule 13 to argue that eligible persons have a rule-based entitlement to be issued identity cards, not merely inclusion in a published list
- Persons excluded from the final list are, under the applicable framework, entitled to receive a formal rejection order and an opportunity to appeal before Foreigners Tribunals
The core grievance before the Supreme Court is a gap between what the Rules require (issuance of cards to the included, and rejection orders with appeal rights to the excluded) and what has actually happened since the 2019 list was published.
- Final Assam NRC list published: 31 August 2019
- Persons found eligible but not yet issued identity cards: over 3.11 crore, per the petitions
- Persons excluded from the final NRC list: around 19 lakh
- Statutory basis: Section 6A, Citizenship Act, 1955 (introduced to give effect to the Assam Accord, 1985)
- Cut-off dates under Section 6A: 1 January 1966 and 24 March 1971
- Supreme Court upheld Section 6A's constitutional validity in 2024 (In Re: Section 6A of the Citizenship Act, 1955)
- Governing rules for identity card issuance: Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, Rule 13
- Supreme Court has directed the Centre and Assam government to file counter-affidavits within a specified period