Category: Citizenship

ISSUE:

Whether Section 6A of the Citizenship Act, 1955, violates Articles 14, 21, and 355 of the Constitution of India by granting special provisions for illegal immigrants in Assam?

Whether the classification under Section 6A, providing different cut-off dates for determining citizenship, is arbitrary and discriminatory?

Whether the influx of illegal migrants constitutes “external aggression” and “internal disturbance” under Article 355, requiring the Union’s intervention?

Whether a constitutional challenge to a provision after a delay of 27 years since its insertion is maintainable?

RULE:

The Supreme Court has a constitutional duty to protect the lives of citizens and their culture. In cases of violations of fundamental rights, any delay in filing the petition, by itself, cannot result in its dismissal.

Though delay can be a ground for denying relief under Article 32, there is no upper limit for such delay. The issue of maintainability depends on the facts and circumstances of each case.

ISSUE:

Whether the Uttar Pradesh Transport Service (Development) Act, 1955, is repugnant to the Motor Vehicles Act, 1939, under Article 254 of the Constitution?

Whether the Uttar Pradesh Transport Service (Development) Act, 1955, infringed upon the fundamental rights guaranteed under Article 31 of the Constitution?

Whether the doctrine of eclipse can apply to post-Constitution laws infringing fundamental rights?

RULE:

The doctrine of eclipse does not apply to post-constitutional laws that violate fundamental rights.

Under Article 13, any post-Constitution law that contravenes fundamental rights is void ab initio, i.e., from its inception.

The test to determine repugnancy is that there must be a direct conflict between the provisions and that both laws should occupy the same field.

ISSUE:

Whether the Citizenship Act is being complied with in implementing the NRC?

RULE:

The court referred to Rule 4A of the Citizenship (Registration of Citizens and Issue of National Identity Card) Rules 2003 which carves out special provisions in the matter of preparation of the National Register of Indian Citizens in the State of Assam.

All persons of Indian origin who had come to Assam before the 1st of January 1966 from specified territories before the commencement of the Citizenship (Amendment) Act of 1985 are deemed to be citizens of India.

All persons who entered Assam between the 1st of January 1966 and 25th of March 1971 and who have been ordinarily resident in Assam, upon being detected as a foreigner and registering themselves in accordance with the Rules made by the Central Government have the same rights and obligations as a citizen of India except the right to be included on electoral rolls for a period of 10 years.

SARBANANDA SONOWAL V. UNION OF INDIA Sarbananda Sonowal v. Union Of India, Writ Petition (civil) 131 of 2000 ISSUE: Whether the IMDT act is constitutionally valid? RULE: The provisions of the IMDT act are very stringent as compared to those of the Foreigners Act in the matters of detection and deportation of illegal migrants. The...