Fair, reasoned process must decide citizenship: Supreme Court
The Supreme Court has emphasized that the adjudication of citizenship must follow a fair and reasoned process rather than a mechanical approach. The court set aside dozens of previous judgments, directing tribunals to re-examine cases with a proper application of mind.
The Supreme Court of India has set aside 27 judgments from the Gauhati High Court concerning the declaration of individuals as foreigners. The bench ruled that legal declarations regarding a person's citizenship cannot be sustainable if the procedure adopted is considered mechanical, one-sided, or lacking the necessary application of mind by the adjudicating body.
In its directive, the apex court ordered the Foreigners Tribunals to adjudicate these cases afresh to ensure that the fundamental rights of the individuals involved are protected. The court highlighted that the gravity of losing one's citizenship requires a robust and impartial judicial process that avoids arbitrary decision-making.
The ruling serves as a significant procedural check on how citizenship disputes are handled in the northeastern section of the country. It reinforces the principle that tribunals must weigh evidence comprehensively rather than passing summary orders against suspected foreigners. Source: SC sets aside 27 judgments of Guahati High Court on foreigners.
