Abdul Kuddus vs Union of India and Others

Court

Supreme Court of India

Date

17 May 2019

Case No.

Civil Appeal No. 5012 of 2019

Result

Disposed

Bench

Ranjan Gogoi, Deepak Gupta, Sanjiv Khanna

Citation

[2019] 8 S.C.R. 669 : 2019 INSC 684

Headnote

Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003: Schedule, Paragraph 3(2) and Paragraph 8 – Conflict between – Citizenship status of persons in the State of Assam – Adjudication of – Held: Paragraph 3(2) deals with separate class of persons who have been declared as illegal migrant or foreigners by the Competent Authority – Such persons cannot be included in the National Register of Citizens – Such persons cannot claim citizenship of India on the basis that he/she has been residing in the State of Assam – Whereas Paragraph 8 provides for a right of appeal to the person who had filed objections and is not satisfied with the outcome of the decision under the final list published under paragraph 7 – Such persons may prefer an appeal before the designated Tribunal constituted under the 1964 Order within a period of sixty days and on disposal of appeal by the Tribunal, such persons can accordingly be included or deleted from the NRC in the State of Assam – Thus, the provisions of paragraph 8 would apply when there has not been an earlier adjudication and decision by the Foreigners Tribunal – Furthermore, paragraph 8 does not envisage and provide for a second round of litigation before the same authority-Foreigners Tribunal on and after preparation of the final list – Opinion/order of the Tribunal, or the order passed by the Registering Authority based upon the opinion of the Foreigners Tribunal, can be challenged by way of writ proceedings – Opinion of the Foreigners Tribunal and/or the consequential order passed by the Registering Authority would operate as res judicata – Citizenship Act, 1955 – Foreigners Act, 1946 – Foreigners (Tribunal) Order, 1964. Constitution of India: Art. 142 – Exercise of power under – Creation of an appellate forum for deciding disputes regarding the citizenship status of persons residing in the State of Assam – Held: No such direction can be given for creation of an appellate forum and entrench upon the field of legislation reserved for legislature.

Sarbananda Sonowal v. Union of India & Anr. (2005)

5 SCC 665 : [2005] 1 Suppl. SCR 472 ; Sarbananda Sonowal (11) v. Union of India & Anr. (2007) 1 SCC

174 : [2006] 10 Suppl. SCR 167 ; Indian National Congress (1) v. Institute of Social Welfare & Ors. (2002)

The following Order of the Court was passed ORDER SANJIV KHANNA, J. 1. Delay condoned. Leave granted. 2. This order decides perceived conflict between sub-paragraph (2) to paragraph 3 and paragraph 8 of the Schedule to the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 (“the 2003 Rules” for short). We shall also examine the alternative argument and suggestion of the appellants that this court should by way of a judicial pronouncement and in exercise of power under Article 142 of the Constitution of India provide and create an appellate forum for de

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