Citizenship Act

Constitutional Bench 2024 roundup
Legal RoundUpSupreme Court Roundups

The Supreme Court’s 2024 decisions have marked a significant turning point in the country’s legal and constitutional framework. Key rulings delivered by Constitutional Benches on Electoral bonds, private property, royalty as tax, AMU’s minority status, sub-classification within reserved categories, etc. have left an impact on fundamental rights, political transparency and tax regime, shaping India’s socio-political landscape, influencing both public policy and the broader democratic process.

Delhi High Court
Case BriefsHigh Courts

The Court cannot overlook that a mere affidavit, lacking the force of a formal order, was relied upon to deny fundamental privileges under OCI status. To proceed on such tenuous grounds, without proper procedural fairness, would set a concerning precedent, one that risks eroding the unique rights granted under the Citizenship Act.

Supreme Court Roundup October 2024
Legal RoundUpSupreme Court Roundups

This roundup revisits the analyses of Supreme Court’s judgments/orders on Section 6A of Citizenship Act; Intoxicating Liquor; Byju’s Insolvency case; Delhi Education Rules; Brij Bihari Prasad murder case; Pune Triple Murder case; RG Kar Rape and Murder Case; and more. It also covers Top stories; Never reported Judgments; Cases Reported in SCC Weekly in October.

Section 6A of Citizenship Act
Case BriefsSupreme Court (Constitution/Larger Benches)

“Section 6A of the Citizenship Act, which was meant to dispel and discourage incoming illegal immigrants, turned out to be a beacon for the illegal immigrants from Bangladesh to come into Assam, by taking advantage of the poor mechanism which is prone to open abuse.”

Section 6A of Citizenship Act
Case BriefsSupreme Court (Constitution/Larger Benches)

Supreme Court affirmed that the cut-off date of 25 March 1971 is rational as on the said date, Pakistani Army launched Operation Search Light to curb Bengali nationalist movement in East Pakistan. The migrants before the operation were migrants of partition towards which India had a liberal policy. Migrants from Bangladesh after the said date were migrants of war and not partition.

Section 6A of Citizenship Act
Hot Off The PressNews

Section 6A of the Citizenship Act, 1955, permits foreign migrants of Indian origin who entered Assam between 01-01-1966, and 25-03-1971, to apply for Indian citizenship. This provision was introduced in 1985 as part of the Assam Accord, an agreement between the Government of India and leaders of the Assam movement, which aimed to address the concerns over illegal immigration from Bangladesh

Oxford Professor to surrender passport to Indian High Commission
Hot Off The PressNews

The Oxford Professor’s citizenship was involuntarily and automatically terminated by operation of Section 9 of the Citizenship Act, 1955 upon acquisition of British Citizenship. It was submitted that ‘renunciation’ of citizenship is different from ‘termination’ and Sections 4(1), 4(1A) and 9(1) of the Act, 1955 were challenged for being ultra vires to Articles 14, 19, 21, and 25 of the Constitution.

Hot Off The PressNews

“If the said Section 6-A of the Citizenship Act, 1955 is not struck off being ultra vires, it would be impossible to free Assam from the clutches of illegal immigrants, who have entered Assam in view of the impugned provisions of the aforesaid amended Act.” the petitioner’s submitted.

Gujarat High Court
Case BriefsHigh Courts

“The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition”