Summary
Applicants sought a definition and identification procedure for originally-inhabitant status in Assam NRC verification, fearing a superior class of citizens. The Court held that the clause concerned a different verification process, not special citizenship entitlement, and declined the requested clarification because citizenship alone governed inclusion.
Issues
- Whether the originally-inhabitant verification clause created special substantive entitlement for NRC inclusion.
- Whether a judicial definition and identification procedure were necessary.
Provisions considered
- Assam Schedule, paragraph3(3), Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003The clause permits a different, less rigorous verification route subject to citizenship being ascertained; it does not confer superior citizenship or an independent inclusion entitlement. (¶ 3–6)
Held
- Identification as an originally inhabitant does not itself determine inclusion or confer a special benefit. The procedural distinction in paragraph3(3) does not establish a superior class of citizens. (¶ 4–5)
- The sole test for inclusion is citizenship under the Constitution and Citizenship Act, including section6A. Citizens originally resident in Assam and other citizens stand at par for this purpose; the feared broader disadvantage was unfounded. (¶ 6)
- The NRC exercise was not intended to determine originally-inhabitant status generally, and no definition or further identification direction was warranted in these proceedings. (¶ 6–7)
Result
Writ petitions and interlocutory applications disposed of with the stated observations; requested definition and procedural clarification declined.