SANJIV KHANNA,J. - (1.)Delay condoned. Leave granted.
(2.)This order decides perceived conflict between sub-paragraph (2) to paragraph 3 and paragraph 8 of the Schedule to the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 ("the 2003 Rules " for short). We shall also examine the alternative argument and suggestion of the appellants that this court should by way of a judicial pronouncement and in exercise of power under Article 142 of the Constitution of India provide and create an appellate forum for deciding disputes regarding the citizenship status of persons residing in the State of Assam.
(3.)Articles 5 to 9 of the Constitution delineate and determine persons who are citizens of India on commencement of the Constitution. Article 10 provides for their continuance as citizens subject to the provisions of any law that may be made by the Parliament. Article 11 of the Constitution, expressly confers power on the Parliament to make laws with respect to acquisition and termination of citizenship and all matters relating to citizenship. To achieve and with this objective, the Parliament has enacted the Citizenship Act, 1955 ("the Citizenship Act " for short) which provides for acquisition of citizenship after the commencement of the Constitution by birth, registration, naturalisation and incorporation of territory.