‘Citizenship status must be determined through fair process’:SC sets aside Guwahati HC verdict, orders fresh hearing

The Supreme Court on Monday ruled that decisions on citizenship and foreigner status must be made through a fair, lawful and reasonable process, setting aside Guwahati High Court judgements that had upheld 27 individuals as foreigners. A bench of Justice Vikram Nath and Justice Sandeep Mehta allowed all 27 appeals and remitted the cases to the respective Foreigners Tribunals for fresh adjudication. The court said questions of citizenship carry significant constitutional importance and must be determined in accordance with the principles of fairness and due process. The Bench, however, clarified that it had not examined the merits of the appellants’ claims to Indian citizenship. Instead, it held that the process adopted in determining their status must satisfy constitutional standards of fairness. Citizenship decisions must follow due process Emphasising the significance of citizenship, the apex court said, “Citizenship and foreigner status occupy a field of high constitutional and legal significance.” The court also recognised the State’s responsibility to prevent illegal claims to Indian citizenship. “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,” the Bench said. At the same time, it cautioned that this objective cannot override procedural safeguards. “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 court added. Guwahati High Court had upheld Foreigners Tribunal orders The case arose after the Guwahati High Court dismissed challenges to ex parte orders passed by the Foreigners Tribunal declaring the petitioners to be foreigners. The High Court noted that notices had been duly served on the individuals concerned, but none had appeared before the tribunal. It also observed that the Tribunal’s opinion was challenged only after nearly 23 years. According to the High Court, since the proceedings had failed to file written statements or produce any documents or evidence in support of their claim, “the Tribunal had no option but to affirm the reference.” While acknowledging that proceedings under the Foreigners Act cannot be reduced to a mechanical exercise and that every proceedee must be given a fair opportunity to establish Indian citizenship, the High Court held that such an opportunity could not be “enlarged to an endless exercise.” It further observed that multiple opportunities had been provided to the petitioners, but they had failed to avail themselves of them. The high court, citing Section 9 of the Foreigners Act, 1946, emphasised that the burden of proving Indian citizenship rests entirely on the proceedee. What is the legal definition of ‘citizenship’ under Indian law? Citizenship is the legal bond between an individual and the Indian state, giving rights and imposing duties. The Constitution does not define citizenship but recognises it under Articles 5 to 11. It provides for single citizenship for the whole country. The Citizenship Act, 1955, regulates how citizenship is acquired, lost, or terminated after 1950. Citizenship can be acquired by birth, descent, registration, naturalisation, or incorporation of territory. It can be renounced, terminated, or deprived under specific legal provisions. What are the legal ways to acquire Indian citizenship under the Citizenship Act, 1955? Under the Citizenship Act, 1955, there are five legal ways to acquire Indian citizenship: By Birth (Section 3) – A person becomes an Indian citizen if they are born in India on or after 26 January 1950, with conditions based on their parents’ citizenship at the time of birth. By Descent (Section 4) – A person born outside India is an Indian citizen if at least one parent was an Indian citizen at the time of their birth. By Registration (Section 5) – A person of Indian origin or the spouse of an Indian citizen can acquire citizenship by applying and fulfilling the required residency criteria. By Naturalisation (Section 6) – A foreign national can become an Indian citizen by living in India for the prescribed period (usually 12 years) and meeting all other legal conditions. By Incorporation of Territory (Section 7) – People automatically become Indian citizens when their territory is incorporated into India, such as Sikkim’s merger in 1975.