THIRUVANANTHAPURAM: An administrative reform aimed at easing procedural hurdles for residents or a political move ahead of the assembly election? The Kerala government’s decision to introduce a photo-bearing permanent nativity card as a new identification document to establish residency has raised this poser. Notably, Chief Minister Pinarayi Vijayan’s claim that the card would also help address concerns relating to citizenship checks has triggered criticism from the Opposition, who question the political motive.
The government’s resolve to move ahead with the plan was underscored in Governor Rajendra Arlekar’s recent policy address. “To foster a sense of pride in being a Keralite alongside being an Indian, my government has devised a plan to distribute a nativity card. The legislative procedures for this initiative are in their final stages,” the governor announced in the assembly.
So what is the need for a “permanent” nativity card? The nativity certificate, issued at present, is a document that proves the birth and long-term residence of a person in a state. It is primarily used to avail reservations and quotas in educational institutions, apply for government jobs, and access scholarship schemes.
However, the nativity certificate is not a legally binding document and has to be obtained anew for each and every requirement. The government seeks to ease this hardship by providing a legally valid, lifelong proof of nativity and residence in the form of a card, to be issued at the tahsildar level.
The state government maintains that the nativity card will function as proof of birth or long-term residence in Kerala for state-level purposes. “It will serve as a legally backed document to establish before authorities that the holder was born in Kerala or is a permanent resident of the state,” a high-ranking government official said.
It will also serve as an identity card for availing various services of the state government. The cabinet has directed the revenue department to draft a legislation in consultation with the law department, granting statutory status to the card. “Such a legislation will define the scope, usage, and limitations of the card, ensuring that it remains within the state’s legislative competence,” said the official, who is involved in the preparation of the draft legislation.
Legal tangles
Legal experts whom TNIE contacted were of the view that even after the enactment of a state law, the nativity card cannot override central statutes such as the Citizenship Act, 1955; the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016; or the Representation of the People Act, 1950.
They pointed out that any incongruity with central statutes may invite scrutiny under Article 254 of the Constitution, which aims to resolve conflicts between laws enacted by Parliament and state legislatures. Potential legal challenges may be mounted on grounds of legislative incompetence or conflict with central law.
According to the former vice-chancellor of the National University of Advanced Legal Studies, N K Jayakumar, the card could be used for various services of the state government and for other needs even without the enactment of legislation. However, its scope outside the state, especially for matters such as citizenship, which falls under the Union List, would be limited.
“Even if the state government enacts legislation to grant statutory status to the card, the central government or various agencies under it can refuse to accept such a document for matters pertaining to the Union List,” Jayakumar said.
‘Secessionist politics’
Meanwhile, Opposition parties view the LDF government’s proposal as a mere political move aimed at winning over minority communities in the run-up to assembly polls. State Congress chief Sunny Joseph said the discourse on citizenship is being raked up primarily with an eye on the upcoming election.
“At a time when the discussion should be on ensuring voting rights to all eligible citizens in the aftermath of the special intensive revision (SIR) process, the ruling party is raking up issues that are not immediately relevant, mainly to whip up fear among minorities,” he said.
The BJP was highly critical of the government’s move to introduce another identity document and raised doubts about both its necessity and legality. Calling the move a classic example of the left’s “secessionist politics”, BJP state president Rajeev Chandrasekhar said the party would legally challenge the nativity card proposal as it constitutes an infringement on matters falling within the Union government’s domain.
As the government moves ahead with drafting the enabling legislation, the scope, legal footing, and eventual acceptance of the permanent nativity card are expected to come under closer scrutiny, both within the assembly and beyond.
With the proposal now firmly in the political and legal spotlight, its fate may ultimately be shaped as much by constitutional tests as by the electoral calculus surrounding it.
Political & legal context
The government frames it as an inclusive step to simplify identity verification and reduce paperwork
Limited relevance for citizenship proof as the matter is a central subject
The next steps
Draft legislation to be prepared by revenue and law departments
Legislation in Kerala assembly to grant statutory powers to the card
Operational roll-out through tahsildars once norms are finalised and law is enacted
On the cards
An overview of Kerala’s proposed permanent nativity card
What is it?: An identification document, with statutory backing, intended to permanently establish a person’s birth and long-term residence in the state
Why is it being introduced?: To provide a legally valid, lifelong proof of nativity and residence
Benefits: Ease of access to government services; eliminating need to obtain certificates each time a proof is needed
Document type: A photo-bearing permanent card to be issued by tahsildars
Legal validity: Legislation planned to grant statutory/legal backing to the card
Usability: Beneficiary identification document for government schemes and services, proof of residence/nativity
Validity: Lifetime
Who is eligible?: Individuals born in Kerala, or children born outside Kerala whose both parents were born and raised in the state, or kids whose one parent is a Kerala native and whose both parents became permanent residents in Kerala after marriage