Supreme Court: No One Can Be Declared a Foreigner Without Due Process, Orders Fresh Review of Assam Cases

New Delhi, July 15: Reinforcing the importance of procedural fairness in citizenship-related cases, the Supreme Court has ruled that an individual cannot be labelled a foreigner through an arbitrary or mechanical process. The Court stressed that authorities deciding such cases must ensure transparency, provide adequate opportunity to the person concerned, and record clear reasons before reaching any conclusion.

The judgment came while deciding a group of appeals arising from proceedings before the Foreigners Tribunals in Assam and the now-defunct Illegal Migrants (Determination) Tribunals. The Court overturned multiple Gauhati High Court decisions that had affirmed orders declaring the appellants to be foreigners and directed that the matters be reconsidered by the respective Foreigners Tribunals.

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta observed that although the government has the authority to identify individuals who are not Indian citizens, such determinations must strictly follow the principles of natural justice. The Bench underlined that citizenship disputes directly affect a person’s identity, legal rights and future, making a fair adjudication indispensable.

The Court clarified that even when a person fails to appear before the Tribunal and proceedings continue in their absence, the Tribunal cannot issue an order without independently examining the evidence placed before it. It noted that ex parte proceedings do not relieve the adjudicating authority of its responsibility to carefully assess the material available on record before reaching a conclusion.

According to the judgment, Foreigners Tribunals perform a judicial function and are therefore expected to pass reasoned orders supported by evidence rather than relying solely on procedural defaults or assumptions. The Bench emphasised that decisions involving citizenship carry serious civil consequences and must be based on objective evaluation.

Finding deficiencies in the manner in which the earlier cases were decided, the Supreme Court sent the matters back to the concerned Foreigners Tribunals for fresh hearings. The Tribunals have been directed to reconsider each case independently after giving the affected individuals an opportunity to present their evidence and arguments.

The ruling is expected to have significant implications for citizenship-related proceedings in Assam, where Foreigners Tribunals examine cases concerning the nationality status of individuals under the Foreigners Act. The judgment reiterates that adherence to due process remains an essential safeguard whenever questions relating to citizenship are decided.