SC Protects Individuals Declared as Foreigners by Assam Tribunal
The apex court made it clear that the State's objective of preventing illegal claims cannot override the requirement of judicial fairness
The Supreme Court on Monday underscored that the process of determining citizenship or declaring a person a foreigner must be fair and in accordance with the principles of justice while delivering a significant judgment concerning the citizenship status of 27 individuals in Assam.
The apex court observed that issues relating to citizenship and foreigner status carry immense constitutional and legal importance, stressing that such determinations cannot be made without ensuring due process.
"Citizenship and foreigner status occupy a field of high constitutional and legal significance," the court noted while examining the cases of 27 people who had been declared foreigners by Foreigners Tribunals in Assam.
At the same time, the court acknowledged the Centre's legitimate interest in preventing illegal claims to Indian citizenship. It said the government has a compelling responsibility to ensure that individuals who are not legally entitled to citizenship do not obtain it through misuse of legal processes, false claims or procedural delays.
However, the bench made it clear that the State's objective of preventing illegal claims cannot override the requirement of judicial fairness. It emphasised that every individual facing proceedings related to citizenship or foreigner status is entitled to a fair and lawful adjudication.
