The Supreme Court has held that citizenship and foreigner-status determinations must be made through a fair, lawful, and reasoned process. It set aside 27 Gauhati High Court rulings that had upheld Foreigners’ Tribunal declarations branding the appellants as foreigners and ordered fresh adjudication.
The Court stressed that a declaration of foreigner status has serious civil and constitutional consequences. A proceeding cannot survive if it is mechanical, one-sided, or shows no application of mind.
What the Supreme Court required
The Supreme Court said the tribunal must check whether the person had a fair chance to respond, whether the main grounds were disclosed, whether the evidence could support the reference, and whether the conclusion follows from the record.
The Court also clarified that remand does not mean acceptance of the appellants’ claim to Indian citizenship.
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