Assam NRC : Supreme Court Issues Notice On PIL Seeking Aadhaar Cards To Persons Added In Second List

The Supreme Court on Monday issued notice in a Public Interest Litigation petition seeking directions to issue Aadhaar cards to nearly 27 lakh persons who were added in the supplementary list of Assam National Register of Citizens published in August 2019.

A bench comprising Justices UU Lalit, S Ravindra Bhat and PS Narasimha issued notice to the Union Government, the Registrar General of India, Unique Identification Authority of India(UIDAI) and the State of Assam in the petition which was filed by All India Trinamool Congress Rajya Sabha MP Sushmita Dev.

Senior Advocate Bishwajit Deb, appearing for the petitioner, submitted that the issue in the case was whether people whose names have been included in the second NRC list can be denied of their Aadhar cards. He pointed out that the latest figure of such persons is 27.43 lakhs. He added that while the persons included in the first NRC list published in December 2017 have received their Aadhaar cards, the persons who are included in the supplementary list are yet to receive the same.

"My limited prayer is that the Aadhar card be issued. Denial of Aadhar is denial of basic amenities and basic needs. The Aadhaar Act says that each and every resident is eligible for Aadhar Card," Deb submitted when the bench asked what was the petitioner's grievance.

The bench agreed to issue notice and posted the matter in May.

The petition filed through Advocate-on-Record Tulika Mukherjee states that though the people whose names were included in the Final List tried to apply for Aadhar Cards the UIDAI rejected their applications. It is stated that the petitioner received representations from several people who were not able to obtain Aadhaar cards. Arguing that the denial of Aadhaar cards to persons included in the second list amounts to discrimination and arbitrariness resulting in the infraction of Article 14, the plea states :

"It is submitted that by not providing the Aadhar numbers to the people appearing in the Final list dated 31.08.2019, there has been creation of a class within a class, as the people in the Final Supplementary List are being treated differently from the people whose names appeared in the First Draft List on 31.12.2017. It is submitted there exists no bar with respect to people whose names appeared in the First Draft List and in the subsequent NRC List on 31.08.2019. It is submitted that both sets of people are equal in the sense that their names appear in the NRC and therefore, should be meted out equal treatment with respect to their rights which arise from their registration under the same"

It is submitted that once the person has been registered under the NRC, whether it be in the First Draft List or the Supplementary List, they will be entitled to the same benefits as that of a Citizen of India, and therefore, there exists no intelligible differentia between persons whose names appear in the NRC.

It is submitted that there exists no bar under the Aadhar Act to deny the Aadhar number to person whose names appear in the Final Supplementary NRC list released on 31.08.2019. The only criteria laid down under the Aadhar Act is that the person should have been a resident of the Country for a period of 182 days or more in the preceding 12 months prior to filing an application. Further, as the Aadhar Number is not a proof of citizenship, grant of Aadhar would have no bearing on the effect of the object and purpose of the Citizenship Act and has any bearing on person whose names appear on the NRC or not.

Case Title : Sushmita Dev versus Union of India and others, WP(c) 1361/2021

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