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Kamalakhya Dey Purkayastha v. Union of India and connected matters

Writ Petition (Civil) · 2017 INSC 1184Decided 5 Dec 2017
Writ Petition (Civil) No. 1020 of 2017, Writ Petition (Civil) No. 1095 of 2017, Writ Petition (Civil) No. 1101 of 2017, Writ Petition (Civil) No. 1104 of 2017, Writ Petition (Civil) No. 1096 of 2017, Writ Petition (Civil) No. 1147 of 2017
Justice Ranjan Gogoi · Justice Rohinton Fali Nariman

Background

This matter consolidated six writ petitions and one interlocutory application, all raising the same question: how should the phrase "originally inhabitants of the State of Assam" in the special NRC-preparation rules for Assam be understood, and could identifying some applicants that way create a "superior class" of citizens with extra entitlements over others seeking inclusion in the NRC?

Decision Breakdown

The Court clarified that Clause 3(3) of the relevant Schedule merely provides a different (less document-intensive) process for verifying the citizenship claims of persons who are originally Assam inhabitants: it does not create any separate or superior category of citizenship, nor does it confer any extra entitlement in education, employment or otherwise. The sole test for inclusion in the NRC remains citizenship under the Constitution and the Citizenship Act (including Section 6A); inhabitants and non-inhabitants of Assam are treated identically for that purpose. Finding the petitioners' apprehensions of unequal treatment unfounded, the Court declined to issue any further clarification or direction and disposed of all the petitions and the application.

Lesson Learnt

A simplified administrative verification process for one group of applicants does not, by itself, create a different legal status or extra rights for that group: the underlying eligibility test (here, citizenship) still applies equally to everyone.

Official source (sci.gov.in)View Judgment (PDF)

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