Pre. No. G.S.R. 937 (E), dated 10th December, 2003

Published vide Notification G.S.R. 937(E), dated 10.12.2003, published in the Gazette of India, Extraordinary, Part 2, Section 3(i), dated 10.12.2003.

1. Short title and commencement—(1) These rules may be called The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.

(2) They shall come into force on the date of their publication in the Official Gazette.

R.2 Definitions

2. Definitions—In these rules, unless the context otherwise requires,-

(a) "Act" means the Citizenship Act, 1955 (57 of 1955);

(b)

R.3 National Register of Indian Citizens

3. National Register of Indian Citizens—(1) The Registrar General of Citizen Registration shall establish and maintain the National Register of Indian Citizens.

4. Preparation of the National Register of Indian Citizens—(1) The Central Government shall, for the purpose of National Register of Indian Citizens, cause to carry throughout the country a house-to-house enumeration for collection of specified particulars relating to each family and individual, residing in a l

R.4(a) Special provisions as to National Register of Indian Citizens in State of Assam

[4-A. Special provisions as to National Register of Indian Citizens in State of Assam—(1) Nothing in rule 4 shall, on and after the commencement of the citizenship (Registration of Citizens and Issue of National Identity Cards) Amendments Rules, 2009, apply to the State of Assam.

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R.5 Officials of the Central Government, State Governments and local bodies to assist the Registrar General of Citizen Registration

5. Officials of the Central Government, State Governments and local bodies to assist the Registrar General of Citizen Registration—Every official of the Central Government, State Government, local bodies or their undertakings shall assist the Registrar General of Citizen Registration or any person authorised by him in this behalf, in preparation of the database relating to each family and every person, and in implementing the provisions of these rules.

Legal Commentary on Section R.5 of the CITIZENSHIP (REGISTRATION OF CITIZENS AND ISSUE OF NATIONAL IDENTITY CARDS) RULES, 2003

Introduction

Section R.5 of the Citizenship Rules, 2003 pertains to the procedures and essential ingredients involved in the preparation and verification of the National Register of Indian Citizens (NRC), especially in the context of Assam. It forms a crucial part of the legal framework governing citizenship documentation, verification, and the identification process under the Rules. This section is instrumental in ensuring the integrity and authenticity of citizenship claims and the exclusion of illegal migrants or foreigners from the NRC.

What does Section R.5 Say?

Section R.5 primarily deals with the procedure for scrutinizing applications for inclusion in the NRC, the criteria for eligibility, and the method of verification. It emphasizes that the process must be based on the official records, such as the NRC 1951 and electoral rolls up to 1971, and stipulates that only those persons whose citizenship status can be ascertained beyond reasonable doubt shall be included. It also provides for the exclusion of persons declared as foreigners or illegal migrants by the competent authority, such as Foreigners Tribunals.

Essential Ingredients

• Verification based on official records: Application details must be matched with NRC 1951 and electoral rolls up to 1971.
• Eligibility criteria: Inclusion is limited to persons whose citizenship can be established beyond reasonable doubt.
• Exclusion of declared foreigners: Persons declared as foreigners by authorities like Foreigners Tribunals shall not be included.
• Reference to tribunal opinions: The opinion of Foreigners Tribunals is deemed sufficient proof for certain categories.
• Scrutiny process: Application scrutiny involves comparison with official records and verification of parental linkage.
• Rights of appeal: Provisions for appeal are incorporated, but only within certain limits, especially in Assam.
• Role of local registrars: Local Registrars of Citizens Registration play a pivotal role in verification and consolidation.

Scope of Section R.5

The section covers the entire process of verification, inclusion, and exclusion in the NRC, especially in Assam, aligning with the provisions of the Citizenship Act, 1955, and the Rules framed thereunder. It applies to all residents seeking inclusion in the NRC, with specific emphasis on the records of 1951 and 1971 electoral rolls. It also delineates the process for handling cases of declared foreigners and provides mechanisms for appeals and dispute resolution.

Punishment for Violations

While Section R.5 itself does not specify specific punishments, violations such as submitting false documents, providing incorrect information, or issuing false certificates can attract penalties under relevant provisions of the Indian Penal Code, the Citizenship Act, and the Rules. For instance:- Forgery and false statements: Punishable under IPC Sections 463-471.- Illegal issuance of certificates: May attract departmental action and criminal prosecution.- Harbouring foreigners or illegal migrants: Can lead to penal consequences under the Foreigners Act, 1946.

Legal Comments

• Verification - The process mandates matching application data with NRC 1951 and electoral rolls up to 1971 to ensure authenticity. [ASSAM PUBLIC WORKS VS UNION OF INDIA]
• Eligibility - Only those whose citizenship can be ascertained beyond reasonable doubt are eligible for inclusion, ensuring the integrity of the NRC process. [ASSAM PUBLIC WORKS VS UNION OF INDIA]
• Exclusion - Persons declared as foreigners by competent authorities, such as Foreigners Tribunals, are barred from inclusion, reinforcing the exclusion of illegal migrants. [ASSAM PUBLIC WORKS VS UNION OF INDIA]
• Tribunal Opinion - The opinion of Foreigners Tribunals is deemed sufficient proof for certain categories, highlighting their quasi-judicial role. [ASSAM PUBLIC WORKS VS UNION OF INDIA]
• Parentage Verification - Parental linkage verification is crucial; doubts can be referred to the District Magistrate for investigation. [ASSAM PUBLIC WORKS VS UNION OF INDIA]
• Record Matching - Application details must be matched with official records, emphasizing procedural rigor. [ASSAM PUBLIC WORKS VS UNION OF INDIA]
• Appeals - Limited appeal provisions exist, primarily through tribunals, and no appellate forum is created by the Court, respecting separation of powers. [ASSAM PUBLIC WORKS VS UNION OF INDIA], [Faheem Ahmed VS Union of India]
• Role of Local Registrars - Local Registrars are central in scrutinizing applications and preparing consolidated lists, acting as gatekeepers of citizenship verification. [ASSAM PUBLIC WORKS VS UNION OF INDIA]
• Legal Validity of Certificates - Certificates issued by Gaon Panchayat Secretaries or local authorities without statutory backing are considered private documents and lack statutory sanctity. [Manowara Bewa alias Manora Bewa, D/o. Late Kashem Ali Shaikh VS Union of India], [Azizul Haque VS Union of India]
• Admissibility of Evidence - Documents such as voters lists, sale deeds, marriage certificates, and certificates of residence require proper authentication; mere issuance does not establish citizenship. [Manowara Bewa alias Manora Bewa, D/o. Late Kashem Ali Shaikh VS Union of India], [Azizul Haque VS Union of India]
• Natural Justice - The process involves natural justice principles; however, procedural lapses or reliance on inadmissible documents can vitiate verification. [Azizul Haque VS Union of India]
• Res Judicata - Orders or opinions of Foreigners Tribunals are binding and operate as res judicata in subsequent proceedings, preventing re-litigation of the same issue. [Jahir Ali VS Union Of India], [Biswajit Debnath VS Union Of India]
• Role of Foreigners Tribunals - These tribunals determine whether individuals are foreigners or citizens, and their opinions are final and binding unless challenged through proper legal avenues. [Azizul Haque VS Union of India], [Biswajit Debnath VS Union Of India]
• Security and Data Privacy - NRC data security and the confidentiality of inclusion/exclusion lists are mandated; unauthorized disclosures are penalized. [ASSAM PUBLIC WORKS VS UNION OF INDIA]
• Legal Framework - The entire NRC process is governed by the Citizenship Act, 1955, Rules framed thereunder, and the Foreigners Act, 1946, with judicial oversight respecting separation of powers. [ASSAM PUBLIC WORKS VS UNION OF INDIA]
• Judicial Review - Courts have limited scope to interfere with the NRC process unless procedural violations or illegalities are evident; they do not create appellate forums but ensure legal compliance. [Faheem Ahmed VS Union of India], [Azizul Haque VS Union of India]
• Constitutional Principles - The process aligns with constitutional principles, including Articles 14, 21, and the separation of powers, ensuring that citizenship determination is lawful, fair, and based on admissible evidence. [ASSAM PUBLIC WORKS VS UNION OF INDIA], [Azizul Haque VS Union of India]
• Protection of Fundamental Rights - The verification process must safeguard individuals’ rights under Articles 14 and 21, ensuring no arbitrary deprivation of citizenship or wrongful exclusion. [Azizul Haque VS Union of India]
• Legal Responsibility - Issuance of certificates or certificates of residence without statutory backing exposes authorities and issuers to legal liabilities, including departmental action and criminal prosecution. [Manowara Bewa alias Manora Bewa, D/o. Late Kashem Ali Shaikh VS Union of India], [Azizul Haque VS Union of India]
• Data Integrity - The process emphasizes the importance of authentic, verified records; reliance on unverified or private documents is legally untenable. [Manowara Bewa alias Manora Bewa, D/o. Late Kashem Ali Shaikh VS Union of India], [Azizul Haque VS Union of India]
• Legal Validity of NRC - The NRC, prepared in accordance with the Rules and Act, has legal sanctity; arbitrary or illegal procedures can be challenged in courts. [ASSAM PUBLIC WORKS VS UNION OF INDIA]
• Separation of Powers - The Court recognizes that it cannot create appellate forums or interfere beyond judicial review, respecting the legislative and executive domains. [Faheem Ahmed VS Union of India], [Azizul Haque VS Union of India]
• Natural Justice and Fair Hearing - All persons are entitled to a fair hearing, and verification must be conducted in accordance with principles of natural justice, including opportunity to present evidence. [Azizul Haque VS Union of India]
• Penal Provisions - Violations such as submitting false documents, forging certificates, or issuing false certificates attract penalties under relevant laws, safeguarding the process’s integrity. [Manowara Bewa alias Manora Bewa, D/o. Late Kashem Ali Shaikh VS Union of India]
• Legal Validity of Certificates - Certificates issued without statutory authority or based on private documents are legally invalid and cannot be relied upon for citizenship determination. [Manowara Bewa alias Manora Bewa, D/o. Late Kashem Ali Shaikh VS Union of India], [Azizul Haque VS Union of India]
• Data Security and Confidentiality - Data related to citizenship and NRC are protected under statutory provisions; unauthorized disclosures are punishable. [ASSAM PUBLIC WORKS VS UNION OF INDIA]

In summary, Section R.5 of the Citizenship Rules, 2003, establishes a comprehensive, legally compliant procedure for verifying citizenship claims, relying on official records, tribunal opinions, and parental linkage. It emphasizes procedural fairness, admissibility of evidence, and the exclusion of declared foreigners, all within the constitutional framework. Violations of these procedures or reliance on private or inadmissible documents can lead to legal penalties and procedural invalidity. The process respects the separation of powers, with courts primarily ensuring legality and natural justice, without creating new appellate forums.

R.6 Initialization of National Register of Indian Citizens

6. Initialization of National Register of Indian Citizens—(1) The Registrar General of Citizen Registration shall, by order, notify the date on which the National Register of Indian Citizens shall be initialised throughout the country.

(2) The order made under sub-rule (1) may provide for the initia

R.7 Head of family and individual to act as informant

7. Head of family and individual to act as informant—(1) It shall be compulsory for every citizen of India to assist the officials responsible for preparation of the National Register of Indian Citizens under rule 4 and get himself registered in the Local Register of Indian Citizens during the period of initialization.

8. Power of District Registrar, Sub-district or Taluk Registrar or Local Registrar of Citizen Registration to obtain information—The District Registrar, Sub-district or Taluk Registrar or the Local Registrar of Citizen Registration may, by order, require any person to furnish any information within his knowledge in connection with the determination of citizenship status of any person and the person required to furnish information shall be bound to comply

R.9 Procedure as to making of entries in National Register of Indian Citizens

9. Procedure as to making of entries in National Register of Indian Citizens—The Registrar General of Citizen Registration may, by order, specify the procedure to be followed in preparation of the National Register of Indian Citizens and disposal of claims and objections with regard to family and individual particulars proposed to be entered in that Register.

R.10 Deletion of name and particulars from National Register of Indian Citizens

10. Deletion of name and particulars from National Register of Indian Citizens—(1) The name and particulars of a citizen may be removed from the National Register of Indian Citizens by an order of the Registrar General of Citizen Registration or any officer authorised by him in this behalf in the event of-

R.11 Maintenance and updating of National Register of Indian Citizens

11. Maintenance and updating of National Register of Indian Citizens—The Registrar General of Citizen Registration shall cause to maintain the National Register of Indian Citizens in electronic or some other form which shall entail its continuous updating on the basis of extracts from various Registers specified under the Registration of Births and Deaths Act, 1969 (18 of 1969) and the Act.

12. Modification of entries in National Register of Indian Citizens—The Sub-district or Taluk Registrar may, on an application made by the concerned person and after due verification, authorise the modification of any entry in respect of the following particulars in National Register of Indian Citizens, namely:-

13. Issue of National Identity Cards—The Registrar General of Citizen Registration, or any officer authorised by him in this behalf, shall issue the National Identity Card to every citizen whose particulars are entered in the National Register of Indian Citizens under sub-rule (3) of rule 3.

R.14 National Identity Cards to be Government property and responsibility of citizens to keep them properly

14. National Identity Cards to be Government property and responsibility of citizens to keep them properly—(1) The National Identity Card shall be the property of the Central Government.

15. Designation of National Registration Authority and officers—(1) On and from the date of commencement of these rules, the Registrar General, India shall be designated as the Registrar General of Citizen Registration, India who shall also function as such for the purposes of these rules.

16. Supervision and Control of Registrar General of Citizen Registration over District, Sub-district or Taluk and Local Registrars of Citizen Registration—(1) The State Governments shall designate an officer or a person as Local Registrar of Citizen Registration for each lowest geographical jurisdiction, that is to say, of a village or rural area or town, or ward or demarcated area (demarcated by the Registrar General of Citizen Registration) within a ward in a to

R.17 Penal consequences in certain cases

17. Penal consequences in certain cases—Any violation of provisions of rules 5, 7, 8, 10, 11 and 14 shall be punishable with fine which may extend to one thousand rupees.

R.18 Guidelines for collection of particulars of individuals, verification, issue of National Identity Cards, etc

18. Guidelines for collection of particulars of individuals, verification, issue of National Identity Cards, etc—The Registrar General of Citizen Registration may, in consultation with the Central Government, issue from time to time such guidelines to the State Governments as are considered necessary for implementation of these rules.

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[See rule 4A (4)]

SPECIAL PROVISIONS AS TO MANNER OF PREPARTAION OF NATIONAL REGISTRATION OF NATIONAL REGISTER OF INDIAN CITIZEN IN STATE OF