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Synopsis

Union of India has placed a request before the Supreme Court of India for issuing procedural directions in the matter pertaining to Assam's National Register of Citizens (NRC), which is a challenge to the constitutional validity of Section 6A of the Citizenship Act, when it will be taken up by a Constitution Bench on September 20, 2023.

Solicitor General Tushar Mehta mentioned the matter before the Supreme Court today saying, "Some procedural directions may be issued on that day..so that we can prepare..the other side will also agree with me."

To this, the bench comprising CJI DY Chandrachud, Justice Narasimha and Justice Manoj Misra replied saying, "Let it be on board that day, we already have an SOP in place, it makes it very easy for compilations to be filed..we can take up the matter on that day and issue directions, whatever may be required..".

Notably, Senior Advocate Indira Jaising, appearing for the petitioner side told the bench that she would be making preliminary submission on Wednesday, when the matter will be taken up.

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.

The NRC case is on a challenge to the constitutional validity of Section 6A of the Citizenship Act which was inserted through an amendment in 1985 in furtherance of the Assam Accord.

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: Assam Public Works vs. Union of India