Re-verification Needed for Wrongly Entered Names in NRC: Upamanyu Hazarika

Guwahati, September 10, 2019:

Prabajan Virodhi Manch (PVM) convenor and Senior SC Advocate, Upamanyu Hazarika on Tuesday revealed that the power to review and undertake re-verification of those wrongfully entered in the National Register of Citizens (NRC) is an executive power vested in the Government and there is no requirement to seek orders from the Supreme Court in this regard.

The senior advocate added that a large number of Ministers, BJP leaders, AGP, AASU, etc., have been making public announcements of approaching the Supreme Court seeking re-verification of the NRC but in terms of the existing legal provisions there is no requirement as the Government has all the powers to do it itself.

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Following this, he had submitted a memorandum to Prime Minister Narendra Modi, Union Home Minister Amit Shah and Chief Minister Sarbananda Sonowal pointing out certain statutory provision of the Citizenship (Registration of Citizens and Issue of National Identity Cards) in order to make the necessary corrections in the NRRC

It the memorandum, Hazarika cited: Under the provisions of the – Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules 2003, the power to direct re-verification, both at the draft NRC stage and after publication of the final NRC rests in the executive and there is no necessity to apply to the court.

Under Rule 4 of the Schedule to the Citizenship (Registration of Citizens and Issue of National Identity Card) Rule 2003, the draft NRC re-verification power rests in the District Registrar of Citizen Registration mainly the District Magistrate.

In case of the NRC after its final publication Rule, 10 of the Citizenship (Registration of Citizens and Issue of National Identity Card) Rule 2003 vests power in the Registrar General or his nominee to remove any names from the citizens list if it is found to be on the basis of incorrect particulars.

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The relevant extract of Rule 10 reads as follows: (Deletion of Name and Particulars from National Register of Indian Citizens – (1) The name and particulars of a Citizen will be removed from the National Register of Indian Citizens by an order of the Register General of Citizen Registration or any officer authorized by him in this behalf in the event of – i...ii...iii....

iv. The particulars provided by the individual or the family found to be incorrect subsequently, thereby affecting the citizenship status of the person.)

As per this provision, the person concerned under sub-rule 3 has to be informed within 30 days and has a right of appeal to the authority within a period of 30 days.

The statutory position being that the executive has the authority to re-verify entries in the NRC, a fact-finding investigation in this regard will enable the Registrar General to undertake re-verification.

Through the memorandum, Upamanyu Hazarika also sought the intervention of PM Modi, Amit Shah and CM Sonowal towards the long-lasting solution of protecting the indigenous in Assam from becoming a minority by ensuring a legal protection reserving land, employment, trade, and educational opportunities only to those who were citizens in 1951 and their progeny.

The entire task of NRC preparation, providing legal safeguards vests in the executive and in the legislature.

Alleging the state governments’ lackadaisical attitude, Hazarika added. “The Courts and in the present case – The Supreme Court intervened in the process only when the Government does not act. Had successive Governments carried out the NRC updating process of their volition, the intervention of the Supreme Court would not have been warranted and it is now up to the Government and the leaders to take forward the task which is actually theirs and not the Court’s.”

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