Identity on Hold: Supreme Court Steps In as Assam NRC Stalls

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The Supreme Court on Monday sought responses on a petition filed by Jamiat Ulama-i-Hind and the All Assam Minorities Students’ Union (AAMSU), which has called for the completion of pending procedures linked to Assam’s National Register of Citizens (NRC). The groups contend that the prolonged delay has breached constitutional guarantees under Articles 14 and 21, according to Live Law.

The petition states that although the final NRC list was released on 31 August 2019, the mandated steps that must follow its publication have remained untouched for more than six years.

Two main directives have been sought from the court. First, the issuance of National Identity Cards to the 3.11 crore individuals whose names appear on the final NRC, in line with Rule 13 of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. Second, the issuing of rejection slips to around 19 lakh people excluded from the list, enabling them to challenge their exclusion before Foreigners’ Tribunals, as laid down under Paragraph 8 of the Schedule to Rule 4A.

The petitioners argue that the government’s inaction has left the entire NRC process unfinished and arbitrary, undermining basic constitutional protections.

The matter was heard by a bench comprising Justices P.S. Narasimha and A.S. Chandurkar. Senior Advocates Kapil Sibal and Indira Jaising appeared for the petitioners. Jaising told the court that formal recognition of citizenship through identity cards is a fundamental right once the NRC exercise has reached completion. She clarified that the petition does not contest who was included or excluded, but challenges the failure to implement the final procedural step. “The process is effectively complete. What remains is the issuance of identity cards,” she submitted.

Justice Narasimha queried why the petition had been filed directly in the Supreme Court under Article 32, suggesting that the matter, being a question of statutory compliance, might be better suited for the High Court under Article 226. “This appears to be a follow-up on statutory procedure and past judicial orders. The High Court may be the more appropriate forum,” he observed.

Jaising countered that the Supreme Court had itself monitored the NRC process for several years and therefore remained the appropriate forum, especially given that the issue involved fundamental rights. “Ninety-nine per cent of the work is done. Only one final step remains, and citizens have a right to its completion,” she said.

Sibal added that authorities had remained inactive for six years, leaving both included and excluded individuals in uncertainty, with no identity cards issued and no mechanism enabled for appeals.

While noting that states typically handle NRC-related procedures, the Bench issued notice to the Union of India, the Assam government, the Census Commissioner and the State NRC Coordinator, seeking their response.

The NRC is a state-specific citizenship register intended to identify Indian citizens residing in Assam. Of the 19 lakh people left off the 2019 list, an estimated seven lakh were Muslims. The exercise occurred amid a broader political landscape marked by rising concerns over anti-Muslim polarisation, communal rhetoric and reported incidents of mob violence in parts of India.

Its publication led to protests, cases of acute distress and, in some instances, suicides by excluded individuals fearing loss of rights. The process also coincided with the enactment of the Citizenship Amendment Act (CAA), 2019, which offers a faster path to citizenship for non-Muslim migrants from select neighbouring countries, intensifying concerns about religious discrimination.

Both the Assam government and the Centre have cited alleged irregularities in the process to justify further verification. However, the Supreme Court had earlier declined to order re-verification of the final NRC list. Thousands of those excluded continue to face barriers in accessing education, employment and welfare benefits. Though detention facilities for undocumented persons were expanded in the state, they remain largely unused.

Meanwhile, Assam Chief Minister Himanta Biswa Sarma has repeatedly stated that individuals deemed “illegal immigrants” could still face deportation to Bangladesh, even if their names feature in the NRC.