Citizenship status must be decided through fair, reasonable process: SC

The Supreme Court observed while setting aside Gauhati High Court judgments that had upheld declarations of 27 appellants as foreigners

The Supreme Court on Monday said that determining a person's citizenship and foreign status must be carried out through a "fair, lawful and reasonable" process. The apex court observed this while setting aside Gauhati High Court judgments that had upheld declarations of 27 appellants as foreigners, LiveLaw reported.

 

A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta was hearing the appeals against the High Court's decisions. It allowed the appeals and remanded the cases to the concerned Foreigners Tribunals for fresh adjudication, saying that citizenship carries profound constitutional significance and must be determined in accordance with the requirements of fairness.

 

 

The Court clarified that it had not examined the merits of the appellants' citizenship claims, which would now be decided afresh by the Foreigners Tribunals.

 

"Citizenship and foreigner status occupy a field of high constitutional and legal significance," the Court said, while acknowledging the government's legitimate interest in preventing illegal claims to Indian citizenship. It said, "The State has a legitimate and compelling interest in ensuring that persons who are not legally entitled to claim Indian citizenship do not secure such status by misuse of process, by false claim or by taking advantage of delays," quoted LiveLaw.

 

The top court, however, emphasised that this objective cannot come at the cost of procedural fairness.

 

"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 apex court stated, quoted LiveLaw.

 

The Gauhati High Court had held that, under Section 9 of the Foreigners Act, 1946, the burden of proving Indian citizenship rests on the proceedee, since the relevant facts are especially within the person's knowledge. 

What is the ongoing debate over citizenship proof?

 

The debate over proof of Indian citizenship reignited last month after the Ministry of External Affairs said that a passport is a travel document and not conclusive proof of citizenship. The clarification triggered a backlash on social media, with many pointing out that the Supreme Court had earlier held that Aadhaar is merely a document of identity and not conclusive proof of citizenship. The Bombay High Court had also ruled last year that possession of an Aadhaar card, PAN card, voter ID or even a passport does not, by itself, establish Indian citizenship in a court of law.

 

According to the Citizenship Act, 1955, there is no single universal document that conclusively proves Indian citizenship. Instead, citizenship is determined based on how it was acquired, whether by birth, descent, registration or naturalisation.