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Case brief: Citation: Kamalakhya Dey Purkayastha v. Union of India

Citation:

WP Civil No. 1020/ 2017


Facts

The writ petitions and the Interlocutory Application(s) under consideration have been filed seeking directions from the Court as to the manner in which the expression “originally inhabitants of the State of Assam” appearing in Clause 3(3) of the Schedule (Special Provisions as to manner of Preparation of National Register of Indian Citizen in State of Assam) to the Citizenship (Registration of Citizens and Issues of National Identity Cards) Rules, 2003, is to be understood and furthermore for directions laying down the procedure by which such persons are required to be identified.


Issue:

The question who is originally inhabitant of the State of Assam, according 7 to the applicants and the writ petitioners, may also have impact on the entitlement of such persons in the matter of opportunities for education, employment etc. vis-a-vis the second category of citizens i.e. who are not originally inhabitants of Assam.


Obita:

The sole test for inclusion in the NRC is citizenship under the Constitution of India and under the Citizenship Act including Section 6A thereof. Citizens who are originally inhabitants/residents of the State of Assam and those who are not are at par for inclusion in the NRC.


Ratio and judgement:

The court did not find any reason to issue any direction or 8 clarification as to the meaning of the term “originally inhabitants of the State of Assam” as sought for in the present Writ Petitions

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