NRC: Supreme Court reserves its judgement on citizenship status of people born in India between 1971 and 1987

August 8: As the date for declaration of final National Register of Citizens (NRC) is approaching fast, certain technical issues were listed before the Supreme Court for its verdict. On Thursday, the apex court was listening to a plea made before it wherein submission was made  for allowing inclusion of by birth citizens born in India between 1971 and 1 July 1987 unconditionally and who were not included in the NRC list..

The Supreme Court bench led by Chief Justice of India Ranjan Gogoi heard the submission but reserved its order till the next hearing. While expressing its opinion, the bench remarked, “We will not be bothered by what others say about our orders and judgments. We will continue to oversee NRC finalised as per the scheduled date of August 31.” While talking about the revelation of data in the Assam Legislative Assembly, the apex court said, “Anything said in the Assembly is beyond the purview of judicial review. It’s as simple as that.”

The next hearing in this matter will be held on 13 August, 2019. It is expected that during the hearing the apex court will decide the question of citizenship of people “either of whose parents” fall within the DV/DF/PFT category – since citizenship is, among other things, acquired by birth and descent.

During the last date of hearing on 23 July, 2019, 2 specific questions were put before the judiciary-

1. Would the striking down of the Illegal Migrants (Determination by Tribunal) Act (IMDT Act) invalidate all the orders that were passed under the Act?
2. What limitations would be placed in the application of Section 3 of the Act, to the people of Assam?

It was then that the Supreme Court for the first time since 2009, provided the people affected by the issue an opportunity to be heard. The Court, stating that it would take up the matter on 7 August, invited “…other stakeholders, in a representative capacity, to appear before the Court, if so desired,” to answer these specific questions. But as this Petition was not listed before court on 7 August, so it was heard on 8 August. In this connection, Advocate Sisir Dey from Karimganj also filed a writ petition where he raised the pertinent issues like allowing By Birth Citizenship unconditionally till 1987 and thereafter through either parent; and for allowing change in Legacy Person, etc.

However, though on 8 August, 2019, the court listened to the submissions made before it, but reserved its order till the next hearing on 13 August, 2019.