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Synopsis

The Supreme Court of India has reserved its verdict in the pleas pertaining to Assam's National Register of Citizens (NRC), which is a challenge to the constitutional validity of Section 6A of the Citizenship Act.

Notably, court heard the parties for over four days starting last week.

On Thursday, the Supreme Court had issued a short order while hearing the challenge to Section 6A of Citizenship Act, asking for certain necessary data-based disclosures from the Union Government in the Ministry of Home Affairs.

"Where a specific aspects of the data which has been sought by this order implicates the functions of the State Government, the data shall be shared by the Government of Assam with the Ministry of Home Affairs. However, the learned Solicitor General has indicated that a common affidavit shall be filed both on behalf of the Union of India and the State of Assam since both the entities are represented by him", a CJI DY Chandrachud led Constitution bench has ordered.

In response to the same, yesterday the Union government claimed before the Supreme Court that illegal migrants entered into the country through Assam and other states without valid travel documents in a clandestine and surreptitious manner, so it is not possible to collect accurate data of such people.

An affidavit filed by Ajay Kumar Bhalla, Secretary, Ministry of Home Affairs stated, “The detection, detention, and deportation of such illegally staying foreign nationals is a complex ongoing process.”

A five-judge bench began hearing this case on December 5.

While hearing the submissions on behalf of State of Assam, a CJI DY Chandrachud led bench had also asked the Central government about the steps it was going to take to make the Bangladesh Border impermeable.

"What are we doing from here onwards to ensure that we have an impermeable border..what are the executive steps that the government of India is taking..because this is a crucial problem independent of 6A..", asked the constitution bench.

The bench also comprising Justices Surya Kant, Sundresh, Pardiwala and Manoj Misra also asked the government about its decision to apply said provision only to the state of Assam.

Earlier, Union of India had placed a request before the Supreme Court of India for issuing procedural directions in the matter pertaining to Assam's NRC, when it would be taken up today by a Constitution Bench.

A bench led by CJI DY Chandrachud along with Justices AS Bopanna, MM Sundresh, JB Pardiwala and Manoj Mishra will start hearing the Assam NRC case from September 20 along with two other matters.

Supreme Court of India had issued a notification recently stating that it had set up a five-judge Constitution Bench to hear the matter involving the issues of Assam NRC, reservations in the Lok Sabha and State Legislative Assemblies and immunity for MPs and MLAs from being prosecuted for bribery charges.

Section 6A is a special provision on the citizenship of persons covered by the Assam Accord and provides that the people who entered India between January 1, 1966, and March 25, 1971, and have been living in Assam, would be allowed to register themselves as citizens of India.

Calling out this provision to be discriminatory, a direction is sought to the concerned authority to update the NRC based on the details incorporated in the NRC prepared in 1951 as opposed to updating the same by taking account of the electoral rolls prior to March 24, 1971.

Case Title: In Re Section 6A of the Citizenship Act