The Supreme Court sought an explanation from the government regarding the denial of Aadhaar cards to individuals excluded from the NRC. The Court emphasized the importance of accountability in this matter. The move aims to address concerns over the rights and entitlements of those affected.
New Delhi: The Writ Petition, initiated by Advocate Anando Mukherjee, contests the decision of the respondents to refuse Aadhaar to individuals not listed in the Final Supplementary NRC. Senior Advocate Menaka Guruswamy, alongside Advocates Anando Mukherjee and Shwetank Singh, represented the Petitioner.
Recently, the Supreme Court issued a notice in response to a Writ Petition filed under Article 32 of the Constitution. The petition seeks Aadhaar Cards for individuals excluded from the Supplementary NRC List released on August 31, 2018.
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Summoning a response from the Central Government and the State of Assam, the Bench led by Chief Justice D.Y. Chandrachud, Justice B. Pardiwala, and Justice Manoj Mishra directed,
“Issue notice. Tag with Writ Petition (Civil) No. 1361 of 2021.”
Writ Petition initiated by Advocate on Record Anando Mukherjee, the challenge directed towards the decision of the respondents to withhold Aadhaar from individuals excluded from the Final Supplementary NRC list. Senior Advocate Menaka Guruswamy, accompanied by Advocates Anando Mukherjee and Shwetank Singh, represented the Petitioner.
The petition contended that such a decision is glaringly arbitrary, considering that the Aadhaar Act explicitly states that Aadhaar doesn’t serve as proof of citizenship or domicile.
The Writ Petition stated,
“Despite the explicit provision in the Aadhaar Act that Aadhaar isn’t indicative of citizenship, there lacks any reasonable correlation to justify withholding Aadhaar due to non-inclusion in the NRC, as notified by the Registrar General of India.”
The writ petition sought to modify the Standard Operating Procedure (SOP) or guidelines approved by the Supreme Court for the purpose of claims and objections regarding the names in the Final National Register of Citizens (NRC) List. The petitioners argued that this SOP has been cited as a reason for not providing Aadhaar cards to such individuals.
The petition, filed by the Advocate-on-Record (AoR) Anando Mukherjee, contended that the SOP allows the Registrar General of India, who has the power to issue National Citizen Identity Cards under the NRC Rules, 2003, to exceed the authority delegated to them by withholding the issuance of Aadhaar cards to people whose names, not included in the NRC.
Furthermore, the writ petition stated that nearly 27 lakh people, including the petitioners, facing difficulties in accessing basic facilities such as banking, education, telephone and internet services, employment opportunities, and their provident fund accounts due to the non-issuance of Aadhaar cards.
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