In a landmark ruling delivered on 13 July, a two-judge Bench of the Supreme Court set aside Gauhati High Court decisions that had affirmed Foreigners Tribunal findings declaring 27 appellants to be illegal immigrants. Justices Vikram Nath and Sandeep Mehta held that citizenship determinations carry “profound constitutional significance” and must follow a process that is “fair, lawful and reasonable.” While acknowledging the State’s legitimate interest in curbing fraudulent claims, the Court criticised the tribunals’ ex-parte approach and the High Court’s reliance on the absence of evidence rather than a positive inquiry. All 27 cases have been remanded for de-novo adjudication, with instructions that procedural safeguards under the Foreigners Act 1946 and the Foreigners (Tribunals) Order 1964 be strictly applied. The judgment matters for global mobility because Foreigners Tribunal orders can result in immediate detention and deportation, even for individuals who later establish Indian nationality. Multinationals employing workers in Assam—or relocating staff there—should ensure that local hires possess robust citizenship documentation, especially ahead of any NRC (National Register of Citizens) revision. Legal observers say the verdict may encourage a more rigorous standard of proof before anyone is branded a foreign national, potentially reducing the number of wrongful deportations that have complicated India’s border diplomacy with Bangladesh. Organisations providing immigration support services should update advisory notes to reflect the heightened emphasis on due process.
Source: LiveLaw
