Context:
The Supreme Court has ruled that proceedings to determine citizenship and foreigner status must be fair, lawful, reasoned, and non-arbitrary. It set aside 27 Gauhati High Court judgments and remanded the cases to the Foreigners’ Tribunals for fresh adjudication in accordance with constitutional principles.
Explanation:
- Citizenship in India is governed by Part II (Articles 5 -11) of the Constitution and the Citizenship Act, 1955.
- Foreigners’ Tribunals (FTs) are quasi-judicial bodies constituted under the Foreigners (Tribunals) Order, 1964, issued under the Foreigners Act, 1946, to determine whether a person is a foreigner.
- FTs are primarily functional in Assam, particularly in matters linked to the National Register of Citizens (NRC) and illegal migration.
- The Supreme Court reiterated that proceedings affecting life and liberty must follow natural justice, including notice, fair hearing, reasoned orders, and application of mind.
- Article 14 (Equality before Law) and Article 21 (Right to Life and Personal Liberty) require administrative and judicial actions to be non-arbitrary, fair, and procedurally just.
- The judgment reinforces due process, rule of law, judicial review, and constitutional safeguards in citizenship adjudication.
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Citizenship Determination: Supreme Court Upholds Due Process