Supreme Court sets aside Gauhati HC verdict, says citizenship must be decided through fair process

The Supreme Court has ruled that the determination of citizenship and foreigner status must be carried out through a fair, lawful and reasonable process, setting aside a batch of Gauhati High Court judgments that had upheld the declaration of 27 individuals as foreigners in Assam.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta allowed the appeals and remanded the cases to the concerned Foreigners Tribunals for fresh adjudication.

The apex court observed that questions relating to citizenship have profound constitutional significance and cannot be decided without ensuring procedural fairness."Citizenship and foreigner status occupy a field of high constitutional and legal significance. The determination of such status must be made through a process which is fair, lawful and reasonable," the Bench observed.

While ordering a fresh hearing, the court clarified that it had not expressed any opinion on the merits of the appellants' claims to Indian citizenship. It also said the statutory burden of proof under Section 9 of the Foreigners Act, 1946 would continue to apply during the fresh proceedings before the tribunals.

The Gauhati High Court had earlier upheld the Foreigners Tribunals' decisions declaring the 27 appellants as foreigners. The Supreme Court's judgment effectively sets aside those orders and directs the tribunals to reconsider the cases in accordance with due process.

The ruling is expected to have significant implications for citizenship-related cases in Assam, where Foreigners Tribunals play a key role in determining the citizenship status of individuals under the state's unique legal framework.