The provisions that empower the government to carry out such an exercise smack of arbitrariness
On November 20, 2019 the Union Home Minister, Mr. Amit Shah, answered a starred question in the Rajya Sabha thus: “Preparation of National Register of Indian Citizens (NRIC) is governed by the provisions of Section 14A of The Citizenship Act, 1955 and The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules 2003. Section 14A of the Citizenship Act, 1955 provides for compulsory registration of every citizen of India and maintenance of NRIC. The procedure to prepare and maintain NRIC is specified in The Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.”
This answer is mischievously misleading inasmuch as it suggests that a nationwide NRIC is mandated by law. Section 14A in the Citizenship Act of 1955 provides in sub-section (1) that “The Central Government may compulsorily register every citizen of India and issue national identity card to him”. The word “may” implies a discretion contingent on other factors that is at odds with the supposed “compulsory” nature envisaged immediately thereafter. A statute which issues a compulsory command must necessarily use the word “shall” and not the suggestive “may”. It may be worthwhile to note that this section was introduced in January 2004 in the last days of the National Democratic Alliance (NDA) government.
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