The Supreme Court of India on Monday took cognizance of a plea seeking the issuance of identity cards to persons whose names appear in the Final National Register of Citizens (NRC) of Assam, highlighting the necessity of completing the NRC process that has remained in limbo since its publication in August 2019.

The matter came before a bench comprising Justices P.S. Narasimha and A.S. Chandurkar, which issued notices to both the Union government and the Assam state government, seeking their responses on the petitions. Additionally, the court also issued notice to the NRC Coordinator regarding the implementation of the statutory provisions associated with the NRC process.

The petitions were filed separately by the All Assam Minorities Students Union (AAMSU) and the Jamiat Ulama-i-Hind, through advocate Fuzail Ahmad Ayyubi. The petitioners sought directions to the Centre and the Registrar General and Census Commissioner to complete the necessary steps that remain pending for the NRC in Assam, including the issuance of National Identity Cards to all individuals enumerated in the final list.

According to the petitioners, six years have passed since the publication of the Final NRC on August 31, 2019, yet authorities have not complied with their statutory duties under Rule 13 of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003. The rules mandate the issuance of identity cards to all individuals whose citizenship has been verified and confirmed. Additionally, the rules require that rejection slips be provided to persons excluded from the NRC, enabling them to pursue appeals before the competent authorities.

The Final NRC included more than 30 million individuals, while approximately 1.9 million applicants were found ineligible due to failure to furnish necessary documents. Senior advocates Kapil Sibal and Indira Jaising, representing the petitioners, argued before the court that receiving a citizenship identity card is a fundamental right guaranteed under the Constitution. Jaising contended that the failure to issue such cards constitutes an arbitrary and unconstitutional act that violates Articles 14 and 21, which guarantee equality before the law and the right to life and personal liberty.

“I have a fundamental right under Article 32 of the Constitution to receive a citizenship identity card since I have been declared as a citizen,” Jaising stated. She emphasized that the prolonged delay in issuing NRC identity cards has created uncertainty and anxiety among citizens who have been legally recognized as Indian nationals.

Initially, the bench expressed reluctance to entertain the plea under Article 32 of the Constitution and suggested that the petitioners approach the Assam High Court under Article 226, which provides for the enforcement of fundamental rights through state high courts. The bench noted that the relief sought by the petitioners was essentially a follow-up to the implementation of the NRC and the statutory obligations associated with it.

Kapil Sibal highlighted the Supreme Court’s prior involvement in monitoring the NRC process in Assam, noting that the top court had overseen the preparation and finalization of the NRC from 2013 until its publication in 2019 by requiring regular reports from the NRC Coordinator. The bench, while pointing out procedural considerations, remarked that approaching the high court under Article 226 would be appropriate for follow-up actions concerning the statutory framework.

The Final NRC was the culmination of years of meticulous verification, cross-checking of legacy records, and scrutiny of over 30 million applications. The process aimed to provide a lawful resolution to the long-standing question of citizenship in Assam, particularly in light of decades of concerns over illegal immigration in the state.

The petitioners, particularly the Jamiat Ulama-i-Hind, argued that incomplete implementation of the NRC process has left a significant population in a state of uncertainty. This “suspended” status has fostered suspicion, fear, and social division, undermining the very purpose of the exercise. They also emphasized that extensive judicial and governmental resources, exceeding ₹1,600 crores, had already been invested in the preparation of the NRC, making it imperative to take the process to its logical conclusion.

The plea underscores the importance of providing NRC-listed individuals with official identity documentation, which is critical not only for legal recognition of citizenship but also for access to fundamental rights, social services, and public welfare schemes. Without such identity cards, even citizens whose names appear in the NRC remain vulnerable to bureaucratic hurdles and social exclusion.

The Supreme Court’s notice to the Union government and the Assam state authorities signals the judiciary’s continued oversight of the NRC process and its commitment to ensuring that statutory and constitutional obligations are fulfilled. As India grapples with complex questions of citizenship, migration, and legal identity, the implementation of the NRC remains a focal point of governance and public policy in Assam.

The court’s observations also highlight a broader concern: the need for the timely execution of legal and administrative processes, particularly when they directly affect millions of citizens. By seeking responses from both the Centre and the Assam government, the Supreme Court has emphasized that the delay in issuing NRC identity cards cannot continue indefinitely and that accountability mechanisms must be activated to safeguard the rights of recognized citizens.

The matter is likely to evolve as the high court or the Supreme Court considers the responses from the authorities and determines a way forward to complete the NRC process, ensuring that individuals whose citizenship has been verified receive the recognition and documentation they are entitled to under the law.