'Decide Citizenship Via Fair Process': SC Sets Aside Assam Foreigner Labels For 27 People
The bench said citizenship disputes must follow a fair process and ordered the cases reconsidered by Assam tribunals.
- On Monday, The Supreme Court set aside Gauhati High Court judgments declaring 27 persons to be Foreigners, ordering fresh adjudication by tribunals, Live Law reported.
- Foreigners tribunals in Assam are quasi-judicial bodies adjudicating citizenship based on a 1971 cut-off date, but face accusations of arbitrariness and bias, sometimes declaring individuals Foreigners due to minor spelling mistakes or documentation lapses.
- Justices Vikram Nath and Sandeep Mehta held that determining citizenship carries a "high field of constitutional significance" and must follow a "fair, lawful and reasonable" process, emphasizing that government objectives cannot "come at the cost of procedural fairness."
- While acknowledging appellants need a fair opportunity to establish Indian citizenship, The Supreme Court noted such chances cannot be "enlarged into an endless exercise," rejecting The High Court's prior dismissal based on appellants waiting nearly 23 years.
- The Supreme Court directed that concerned tribunals decide these cases afresh, remaining uninfluenced by previous observations made by The High Court or the earlier tribunal orders.
23 Articles
23 Articles
SC Sets Aside Gauhati HC Order Upholding Some People as Foreigners
Get latest articles and stories on India at LatestLY. It said that the issue of citizenship carries profound constitutional significance and must be decided in accordance with the requirements of fairness. India News | SC Sets Aside Gauhati HC Order Upholding Some People as Foreigners.
Fair, reasoned process must decide citizenship: Supreme Court
SC sets aside 27 judgments of Guahati High Court on foreigners, tells tribunals to adjudicate afresh; it says such declarations cannot be sustainable if “procedure adopted is mechanical, one-sided, or devoid of application of mind”
Citizenship must be determined through...: SC sets aside Assam foreigner rulings
The Supreme Court has ruled that the determination of citizenship status in India must adhere to a fair, lawful, and reasoned process, setting aside Gauhati High Court verdicts that had affirmed orders declaring some individuals as foreigners. The court stressed that constitutional protections of equality, life, and personal liberty apply to every person within India's territory.
The Siasat Daily
madhyamamonline.comSC sets aside Gauhati HC order declaring 27 people as foreigners
New Delhi: The Supreme Court on Monday, June 13, set aside a batch of Gauhati High Court judgments that had upheld the declaration of 27 people as foreigners, holding that citizenship and foreigner status must be determined through a “fair, lawful and reasonable” process. A bench of Justices Vikram Nath and Sandeep Mehta allowed the appeals and remanded the cases to the concerned Foreigners Tribunals for fresh adjudication, observing that questi…
'Process should be fair and lawful': Supreme Court grants fresh hearing to 27 declared foreigners in Assam
The Supreme Court has set aside the Gauhati High Court's order declaring 27 people as foreigners and ordered a fresh hearing. The court stressed that citizenship determination must be fair, lawful and reasonable while retaining the burden of proof under the Foreigners Act.
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