The Prabajan Virodhi Manch today demanded that NRC should be redone and for that no need to go to the Supreme Court and can be done through executive power and shot off a letter to the Prime Minister of India.
The power to review and undertake re-verification of those wrongfully entered in the NRC is an executive power vested in the Government and there is no requirement to seek orders from the Supreme Court in this regard, the PVM in a statement said.
“A large number of Ministers, BJP leaders, AGP, AASU etc., have been making public announcements of approaching the Supreme Court seeking re-verification of the NRC but in terms of the existing legal provisions, there is no requirement as the Government has all the powers to do it itself. Under the provisions of the – Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules 2003, the power to direct re-verification, both at the draft NRC stage and after publication of the final NRC rests in the executive and there is no necessity to apply to the court” the PVM Chief Convenor Upamanyu Hazarika said.
“Under Rule 4 of the Schedule to the Citizenship (Registration of Citizens and Issue of National Identity Card) Rule 2003, the draft NRC re-verification power rests in the District Registrar of Citizen Registration mainly the District Magistrate.”
“In case of the NRC after its final publication Rule 10 of the Citizenship (Registration of Citizens and Issue of National Identity Card) Rule 2003 vests power in the Registrar General or his nominee to remove any names from the citizens list if it is found to be on the basis of incorrect particulars” the statement said.
“Pointing out the above statutory provision, we have submitted a memorandum today to Shri Narendra Modi – Hon’ble Prime Minister of India, Shri Amit Shah – Union Home Minister and Shri Sarbananda Sonowal – Chief Minister of Assam,” Mr Hazarika said.
“The entire task of NRC preparation, providing legal safeguards vests in the executive and in the legislature. The Courts and in the present case – The Supreme Court intervened in the process only when the Government does not act. Had successive Governments carried out the NRC updating process of their volition, the intervention of the Supreme Court would not have been warranted and it is now up to the Government and the leaders to take forward the task which is actually theirs and not the Court’s” he added.