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'Citizenship Status Must Be Determined Through Fair Process': Supreme Court Sets Aside Foreigner Declarations By Assam Tribunals

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Amisha Shrivastava
'Citizenship Status Must Be Determined Through Fair Process': Supreme Court Sets Aside Foreigner Declarations By Assam Tribunals
✦AI Summary

The Supreme Court of India has set aside Gauhati High Court judgments that declared 27 individuals as foreigners. The court emphasized that citizenship determination must follow a fair and lawful process rather than just administrative expediency.

Why it matters

This ruling reinforces constitutional protections against arbitrary state action in sensitive citizenship and immigration disputes.

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The Supreme Court on Monday underscored that the determination of citizenship and foreigner status must be carried out through a "fair, lawful and reasonable" process, while setting aside judgments of the Gauhati High Court that had upheld declarations of 27 appellants as foreigners.A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta allowed 27 appeals and remanded the cases to the concerned Foreigners Tribunals for fresh adjudication, holding that the issue of citizenship carries profound constitutional significance and must be decided in accordance with the requirements of fairness."Citizenship and foreigner status occupy a field of high constitutional and legal significance," the Court observed.At the same time, the Court acknowledged the State's interest in preventing illegal claims to Indian citizenship."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…

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