Six years after the final National Register of Citizens (NRC) was published in Assam, millions of individuals included in the register are still waiting for their identity cards. The Supreme Court has now issued notice on a petition filed by Jamiat Ulama-i-Hind and All Assam Minorities Student Union, seeking directions to issue these long-awaited identity cards and enable the appeal mechanism that has remained dormant since 2019.
A Six-Year Wait for Basic Identity Documents
The Assam NRC was a massive exercise aimed at identifying genuine Indian citizens in the state, which shares a long border with Bangladesh. The final list, published in August 2019, included approximately 3.11 crore people out of 3.3 crore applicants. However, despite being included in the final NRC, individuals have not received identity cards that would formally recognize their citizenship status.
This administrative limbo has created significant hardship. Without NRC identity cards, people face difficulties in accessing government services, proving their citizenship status, and living with the constant uncertainty that comes from incomplete documentation. The failure to issue these cards defeats the very purpose of the NRC exercise.
What the Petitioners Are Demanding
Senior Advocates Kapil Sibal and Indira Jaising, representing the petitioners, made two primary demands before the Supreme Court:
- Immediate issuance of identity cards to all individuals whose names appear in the final NRC
- Activation of the appeal mechanism for those excluded from the NRC, which has remained non-functional for six years
The petitioners argued that the delay in issuing identity cards and enabling appeals has left millions of people in legal uncertainty. This is particularly concerning with upcoming elections, where questions about citizenship status could affect voting rights and political participation.
The Supreme Court's Response
The bench of Justices P.S. Narasimha and A.S. Chandurkar issued notice on the petition, acknowledging the seriousness of the matter. However, the Court also raised questions about the maintainability of the petition under Article 32 of the Constitution, which allows citizens to directly approach the Supreme Court for fundamental rights violations.
Despite concerns about jurisdiction, the bench recognized the urgency of the issue, particularly with elections approaching. The Court's decision to issue notice means that the government and relevant authorities will now have to respond to the petition and explain the delay in issuing identity cards and activating the appeals process.
Why Has This Taken So Long?
The Assam NRC process was highly controversial and politically sensitive from the start. The exercise, which cost over ₹1,600 crore and took several years to complete, was meant to identify illegal immigrants while protecting genuine Indian citizens. However, its implementation faced numerous challenges, including allegations of bias, technical errors, and the exclusion of genuine citizens.
After the final list was published in 2019, the process essentially stalled. No identity cards were issued to those included, and no appeals mechanism was established for those excluded. This has left approximately 19 lakh people who were excluded from the NRC without any legal recourse, while those included remain without formal documentation of their status.
The Human Impact
The six-year delay has had severe consequences for vulnerable communities in Assam. Families live in fear of being labeled as illegal immigrants despite having their names in the NRC. They face difficulties in accessing healthcare, education, employment, and other basic services. The lack of identity cards means they cannot definitively prove their citizenship status when questioned.
For those excluded from the NRC, the situation is even more dire. Without an appeals process, they have no way to challenge their exclusion, even if it was based on errors or missing documents. Many genuine Indian citizens may have been wrongly excluded, and they deserve a fair opportunity to prove their citizenship.
What Happens Next?
With the Supreme Court issuing notice, the Central and Assam state governments will need to file their responses explaining why identity cards have not been issued and why the appeals mechanism remains inactive. The Court will then hear arguments from both sides and decide on the appropriate course of action.
The timing is critical, as elections are approaching and citizenship questions could significantly impact the electoral process. The Court may need to balance the urgency of providing relief to affected individuals with the complexities of implementing a fair and effective system.
This case raises fundamental questions about citizenship rights, administrative accountability, and the implementation of large-scale exercises that affect millions of lives. After six years of waiting, the people of Assam deserve answers, documentation, and most importantly, certainty about their status as Indian citizens.