Supreme Court: Citizenship Status Must Be Decided Through Fair Process, Sets Aside Gauhati HC Orders

The Supreme Court on Monday set aside judgments of the Gauhati High Court that had upheld declarations of 27 appellants as foreigners, stating that questions of citizenship must be decided through a 'fair, lawful and reasonable' process.

A Bench of Justices Vikram Nath and Sandeep Mehta remanded the cases to the concerned Foreigners Tribunals for fresh adjudication. The court observed that citizenship and foreigner status carry 'profound constitutional significance' and require adherence to procedural fairness.

The Supreme Court acknowledged the government's interest in preventing misuse of citizenship claims, noting that the State has a 'legitimate and compelling interest' in ensuring that individuals not legally entitled to Indian citizenship do not obtain such status through false claims or procedural delays. However, the court emphasised that such concerns cannot override the requirement of a fair hearing.

'At the same time, the determination of such status must be made through a process which is fair, lawful and reasonable. The statutory burden under Section 9 of the Foreigners Act, 1946 remains fully applicable,' the Bench observed.

The court clarified that it had not examined the merits of the appellants' citizenship claims or the documents submitted by them. 'We have not examined the merits of the claims of citizenship by the appellants or expressed any opinion on the genuineness, admissibility, relevance or sufficiency of any document relied upon by them. Those questions must be decided by the concerned Tribunal independently,' it said.

The Bench also clarified that the remand should not be treated as providing any relief on the citizenship claims. 'The remand being directed is not intended to confer any equity in favour of a person who is unable to establish his or her claim. It is only to ensure that the serious consequence of being declared a foreigner follows from an adjudication which satisfies the requirements of the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964, and the constitutional mandate of fairness,' the court said.

The Supreme Court directed the Foreigners Tribunals to reconsider the cases independently, without being influenced by previous findings of the High Court or the Tribunals. 'The concerned Tribunals shall decide the cases afresh and uninfluenced by any of the observations made by the High Court or by the Tribunals in the earlier opinions,' the Bench directed.

Earlier, the Gauhati High Court had relied on Section 9 of the Foreigners Act to hold that the burden of proving Indian citizenship rests entirely on the person alleged to be a foreigner, as relevant facts are within their special knowledge. The High Court had observed that this burden does not shift even in ex parte proceedings.