India & World UpdatesHappeningsBreaking News
‘Citizenship must be decided through fair process’: SC sets aside Guahati HC judgment
way2barak, July 13: Supreme Court on Monday set aside the judgments of the Gauhati High Court that had upheld declarations of 27 appellants as foreigners. The apex court allowed 27 appeals observing that “Citizenship and foreigner status occupy a field of high constitutional and legal significance.
However, the court clarified, “We have not expressed any opinion on any documents relied upon by the appellants. The impugned judgments of the high court are set aside.”
The Supreme Court noting that citizenship and foreigner status must be decided through a “fair, lawful and reasonable” process.
The ruling came from a Bench of Justices Vikram Nath and Sandeep Mehta, which remanded the cases to the concerned Foreigners Tribunals for fresh adjudication.
The court allowed the appeals while observing that questions relating to citizenship carry “profound constitutional significance” and require adherence to procedural fairness.
“Citizenship and foreigner status occupy a field of high constitutional and legal significance,” the bench observed.
The Supreme Court, however, acknowledged the government’s interest in preventing misuse of citizenship claims. It said the State has a “legitimate and compelling interest” in ensuring that individuals who are not legally entitled to Indian citizenship do not obtain such status through false claims or procedural delays.
“The State has a legitimate and compelling interest in ensuring that persons who are not legally entitled to claim Indian citizenship do not secure such status by misuse of process, by false claim or by taking advantage of delays,” the Bench said.
At the same time, the court emphasised that such concerns cannot override the requirement of a fair hearing.
“At the same time, the determination of such status must be made through a process which is fair, lawful and reasonable. The statutory burden under Section 9 of the Foreigners Act, 1946 remains fully applicable,” the Bench observed.
