The Supreme Court on Sunday ruled that questions relating to citizenship and foreigner status must be determined through a fair, lawful and reasonable process, setting aside Gauhati High Court judgments that had upheld the declaration of 27 individuals as foreigners and directing fresh adjudication of their cases.
A Bench of Justices Vikram Nath and Sandeep Mehta allowed 27 appeals and remanded the matters to the respective Foreigners Tribunals, observing that citizenship carries immense constitutional and legal significance and that decisions affecting such status must strictly comply with principles of fairness.
The court said the State has a legitimate interest in ensuring that only those legally entitled to Indian citizenship receive that status and that false claims or misuse of legal processes must be prevented. However, it stressed that this objective cannot override procedural safeguards and that determinations under the Foreigners Act, 1946, must be made through a process that is fair, lawful and reasonable. It also clarified that the statutory burden of proof under Section 9 of the Act continues to apply.
The Bench made it clear that it had not examined the merits of the appellants’ citizenship claims or the authenticity and sufficiency of the documents relied upon by them. It directed the Foreigners Tribunals to independently assess all evidence and decide the cases afresh without being influenced by earlier findings.
The court further observed that the remand should not be treated as granting any advantage to the appellants but was intended solely to ensure that declarations of foreigner status follow a legally sound and procedurally fair adjudication in accordance with the Foreigners Act, the Foreigners (Tribunals) Order, 1964, and constitutional principles.
The Supreme Court consequently set aside the opinions of the concerned Foreigners Tribunals as well as the Gauhati High Court judgments in all 27 cases. Among the appellants were Sabitri Dey, Ajbahar Ali, Md Akbar Ali, Abeda Khatun and Anowara Khatun, who had contended that they were declared foreigners over minor discrepancies, including typographical and spelling errors in electoral records.
The ruling is expected to have significant implications for citizenship cases in Assam by reaffirming that, while individuals continue to bear the burden of proving citizenship, Foreigners Tribunals must ensure that such determinations are reached through a fair and legally compliant process.
