New Delhi/Guwahati: The Supreme Court has said no action can be taken on the basis of the draft National Register of Citizens (NRC) that has not included over 40 lakh people.

The court directed the government to frame modalities before August 16 to deal with claims and objections, adding that each person should be given a "fair opportunity" to present his or her case.

It also emerged during a hearing in the top court on Tuesday that the actual number of people rejected by the register is 37,59,630 or 37.6 lakh while 2,48,077 or 2.48 lakh names have been kept on hold. Together, the names termed ineligible for inclusion in the register add up to 40,70,707 or 40.07 lakh.

"The court would like to observe that what has been published is only the complete draft NRC which, naturally being a draft, cannot be the basis of any action by any authority," a bench of Justices Ranjan Gogoi and R.F. Nariman told attorney-general K.K. Venugopal.

Appearing for the Centre, Venugopal submitted before the court that no coercive action would be taken against persons who do not feature in the draft NRC.

The bench asked the Centre to draw up the modalities or "standard operating procedure" (SOP), in consultation with the NRC state coordinator, by August 16, when the case will be heard again.

It said the publication of the final NRC should be finalised in respect of exclusions and inclusions only after the court vets the modalities.

"How do you propose to do the standard operating procedure? It has to be fair. Each person who has to file a challenge or objection to the rejection has to be given a fair opportunity," Justice Gogoi told Venugopal. "If it is not a fair procedure, we will correct it," he added.

Venugopal told the court that the central ministry concerned was in the process of preparing the standard operating procedures to deal with the claims and objections to ensure a fair process. Once the modalities are finalised, it will be placed before the court, he added.

NRC Assam coordinator Prateek Hajela told the court that people left out of the draft NRC can approach the local registrar or NRC Seva Kendras from August 8 and they will be told the reasons for their non-inclusion. They can file their claims and objections between August 30 and September 28.

He said the objections would be entertained by special registrars or gazetted officers.