KAMALAKHYA DEY PURKAYASTHA AND ORS. versus UNION OF INDIA AND ORS .
[2017] 12 S.C.R. 79, Supreme Court of India, 2017
Outcome: Disposed off
Segment: Issues
[2017) 12 S.C.R. 79 
KAMALAKHYA DEY PURKAYASTHA AND ORS. 
A 
v. 
UNION OF INDIA AND ORS . 
. (Writ Petition (Civil) No. 10~0 of2017) 
DECEMBER 05, 2017 
[RANJAN GOGOi AND R. F. NARIMAN, JJ.] 
B 
Citizenship (Registratio11 of Citizens and Issues of National 
lde11tity Cards) Rules, 2003 - Schedule (Special Provisions as to 
man11er of Preparation of National Register of Indian Citizen in 
C 
State of Assam) - Clause 3(3) - National Register of Indian Citizen 
- Claims for inclusion of perso11s who are originally inhabitants of 
the State of Assam - Expression "originally inhabitants of the State 
of Assam" - Clarification of- Held: Identification of persons who 
are originally inhabitants of the State of Assam as against those 
who are not does not determine cmy entitlement for inclusion in the 
D 
NRC which is on the basis of proof of citizenship alone and nothing 
else - Neither does such identification confer a11y !fiecial entitlement 
or benefit - Apprehension that by the process of verification of the 
claims for inclusio11 in the National Register of Indian Citizen (NRC) 
based on the claim to be originally inhabitants of the State of Assam 
E 
a superior class of citizens is being created are wholly unfounded -
Exercise of upgradation of NRC is not intended to be one of 
identification and determination of who are originally inhabitants 
of the State of Assam - Sole test for inclusion in the NRC is citizenship 
under the Constitution of India and under the Citizenship
Act 
including s.6A thereof - Citizens who are origi11ally inhabitants of F 
the State of Assam and those who are not are at par for inclusion in 
the NRC. 
. 
Disposing of the writ petitions and Interlocutory 
Applications, the Court 
HELi): 1.1 Clause 3(3) of the Schedule (Special Provisions 
as to manner .of Preparation of National Register of Indian Citizen 
in State of Assam) to the Citizenship (Registration of Citizens 
and Issues of National Identity Cards) Rules, 2003 provides for 
identification of persons entitled to be included in the National 
79 
G 
H
80 
A 
B 
c 
D 
E 
F 
SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
Register of Citizens (NRC) by a process different from what is 
enumerated in Clause 3(2) and, therefore, the said Clause i.e. 
3(3) constitutes an exception thereto. Clause 3(3) contemplates 
a less strict and vigorous process for deciding claims for inclusion 
in the NRC insofar as persons who are originally inhabitants of 
the State of Assam are concerned. Identification of persons who 
are originally inhabitar.ts of the State of Assam as against those 
who are not does not determine any entitlement for inclusion in 
the NRC which is on the basis of proof of citizenship alone and 
nothing else. Neither does such identification confer any special 
entitlement or benefit. This has, infact, been clarified in several 
of the reports submitted by the learned Coordinator before this 
Court. [Para 4] [83-B-D] 
The prayer made in the writ petitions and the I.As, is 
founded on an apprehension that by the process of verification of 
the claims for inclusion in the NRC based on the claim to be 
originally inhabitants of the State of Assam a superior class of 
citizens is being created. The question who is originally inhabitant 
of the State of Assam, according to the applicants and the writ 
petitioners, ":ay also have impact on the entitlement of such 
persons in th1: matter of opportunities for education, employment 
etc. vis-a-vis the second category of citizens i.e. who are not 
originally inhabitants of Assam. All
such apprehensions are wholly 
unfounded. The exercise of upgradation of NRC is not intended 
to be one of identification and determination of who are originally 
inhabitants of the State of Assam. The sole test for inclusion in 
the NRC is citizenship under the Constitution of India and under 
the Citizenship Act including Section 6A thereof. Citizens who 
are originally inhabitants/residents of the State of Assam and those 
who are not are at par for inclusion in the NRC. In view thereof, 
there is no reason to issue any direction or clarification as to the 
meaning of the term "originally inhabitants of the State of Assam" 
G as sought for in the present Writ Petitions and the Interlocutory 
Application(s). [Paras 5-7] [83-E-H; 84-A-B] 
H 
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 
1020 of 2017.
KAMALAKHYA DEY PURKAYASTHA AND ORS. v. UNION 
81 
OF INDIA AND ORS. 
Under Article 32 of the Constitution oflndia. 
A 
WITH 
W. P. (C) Nos. 1095, 1101, 1096, 1104 and 1147 of2017 and I.A. 
No. 101687/2017 in SLP (C) No. 13259 of2017. 
K. K. Venugopal, AG, Tushar Mehta, ASG, Ms. Indira Jaising, 
Kamal Nayan Chaudhary, Salman Khurshid, B.H. Marlapalle, Sr. Advs, 
Ms. Ajita Sharma, Rohit Ghosh, Fuzail Ahmad Ayyubi, Arvind Kumar 
Sharma, Manish Goswami, Ramesh war Prasad Goyal, Santi Ranjan Das, 
Anindo Mukherjee, Ms. Sarla Chandra, Somiran Sharma, Amit Kumar, 
Syed Burhanur Rahman, Gaurav Agarwal, A.S. Tapader, Ajit Wagh, 
Aditya Gaggar, Apoorv Shukla, O.P. Gaggar, Ms. Binu Tamta, 
Ms. Rashmi Malhotra, Ms. Rekha Pandey, R.M. Bajaj, Rajat Nair, 
B.V. Balramdas, Ms. Diksha Rai, Ms. Kanika Saran, Advs for the 
appearing parties. 
The Judgment of the Court was delivered by 
B 
c 
D 
RANJAN GOGOi, J. I. Heard the learned counsels for the 
parties. 
2. The writ petitions and the Interlocutory Application(s) under 
consideration have been filed seeking directions from the Court as to the 
manner in which the expression "originally inhabitants of the State of E 
Assam" appearing in Clause 3(3) of the Schedule (Special Provisions as 
to manner of Preparation of National Register oflndian Citizen in State 
of Assam) to the Citizenship (Registration of Citizens and Issues of 
National Identity Cards) Rules, 2003, is to be understood and furthermore 
for directions laying down the
procedure by which such persons are 
required to be identified. 
F 
3. Relevant clauses of the Schedule including Clause 3(3) reads 
as follows: 
"2. Manner of preparation of draft National Register of 
Indian Citizen in State of Assam-
G 
(l)(a) ...... 
(b) 
•••••••••• 
(c) 
H
82 
SUPREME COURT REPORTS 
[2017] 12 S.C.R. 
A 
(2) The Local Registrar of Citizen Registration shall receive the 
filled up application forms, at the same place where the applications 
are issued, and issue the receipt thereof to the applicant. 
(3) The Local Registrar of Citizen Registration, after the receipt 
of the application under sub-paragraph (2) shall scrutinize the 
, 
B 
applications and after its verification, prepare a consolidated list 
thereof which shall contain the names of the following persons, 
namely-
(a) person whose name appear in any of the electoral rolls 
upto the midnight of the 24'h day of March, 1971 or in National 
C 
Registerof Citizens, 1951; 
D 
E 
F 
G 
H 
(b) descendants of the persons mentioned in clause (a) above; 
3. Scrutiny of applications-
(!) The scrutiny of applications received under sub-paragraph (3) 
of paragraph 2 shall be made by comparing the information stated 
in the application form with the official records and the persons, 
of whom the information is found in order, shall be eligible for 
inclusion of their names in the consolidated list. 
(2) The names of persons who have been declared as illegal 
migrants or foreigners by the competent authority shall not be 
included in the consolidated list: 
Provided that the names of persons who came in the State of 
Assam after 1966 and before the 25th March, 1971 and registered 
themselves with the Foreigner Registration Regional Officer and 
who have not been declared as illegal
migrants or foreigners by 
the competent authority shall be eligible to be included in the 
consolidated list. 
(3) The names of persons who are oriein@lly jnh@bitants of 
the State of Assam and their children and descendants, who are 
Citizens oflndia, shall be included in the consolidated list if the 
citizenship of such persons is ascertained beyond reasonable doubt 
and to the satisfaction of the registering authority; (underlining is 
ours)
KAMALAKHYA DEY PURKAYASTHA AND ORS. v. UNION 
83 
OF INDIA AND ORS. [RANJAN GOGOi, J.] 
(4) The Local Registrar of Citizens Registration may, in case of A 
any doubt in respect of parental linkage or any particular mentioned 
in the application received under sub-paragraph (3) of paragraph 
2, refer the matter to the District Magistrate for investigation and 
his decision and Local Registrar of Citizens Registration shall also 
inform the same to the individual or the family." 
4. Clause 3(3) provides for identification of persons entitled to be 
included in the National Register of Citizens (NRC) by a process different 
from what is enumerated in Clause 3(2) and, therefore, the said Clause 
i.e. 3(3) constitutes an exception thereto. Clause 3(3) contemplates a 
B 
Jess strict and vigorous process for deciding claims for inclusion in the 
C 
NRC insofar as persons who are originally inhabitants of the State of 
Assam are concerned. Identification of persons who are originally 
inhabitants of the State of Assam as against those who are not does not 
determine any entitlement for inclusion in the NRC which is on the basis 
of proof of citizenship alone and nothing else. Neither does such 
identification confer any special entitlement or benefit. This has, in fact, 
D 
been clarified in several of the reports submitted by the learned 
Coordinator before this Court. 
5. The prayer made in the writ petitions and the I.As, as admitted 
in the course of the hearing by the learned
counsels for the writ petitioners/ 
applicants, is founded on an apprehension that by the process of E 
verification of the claims for inclusion in the NRC based on the claim to 
be originally inhabitants of the State of Assam a superior class of citizens 
is being created. The question who is originally inhabitant of the State of 
Assam, according to the applicants and the writ petitioners, may also 
have impact on the entitlement of such persons in the matter of 
opportunities for education, employment etc. vis-a-vis the second 
category of citizens i.e. who are not originally inhabitants of Assam. 
6. All such apprehensions are wholly unfounded. The exercise 
F 
of upgradation of NRC is not intended to be one of identification and 
determination of who are originally inhabitants of the State of Assam. 
G 
The sole test for inclusion in the NRC is citizenship under the Constitution 
of India and under the Citizenship Act including Section 6A thereof. 
Citizens who are originally inhabitants/residents of the State of Assam 
and those who are not are at par for inclusion in the NRC. 
H
84 
SUPREME COURT REPORTS 
[2017] l 2 S.C.R. 
A 
7. In view of the above, we do not find any reason to issue any 
B 
direction or clarification as to the meaning of the term "originally 
inhabitants of the State of Assam" as sought for in the present Writ 
Petitions and the Interlocutory Application(s) which. are accordingly 
disposed of in terms of our directions and observations as above. 
Nidhi Jnin 
\Vrit Petitions and !As disposed of.