NDLI: Abdul Kuddus Vs. Union of India and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Adjudication of Citizenship status of persons in the State of Assam Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules 2003 art 142
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
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
Judge	Hon'ble Mr. Justice Sanjiv Khanna
Neutral Citation	2019 INSC 684
Petitioner	Abdul Kuddus
Respondent	Union Of India And Others
SCR	[2019] 8 S.C.R. 669
Judgement Date	2019-05-17
Case Number	5012

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Abdul Kuddus Vs. Union of India and Others

Please Log-in to view this content

Kamalakhya Dey Purkayastha and Ors. Vs. Union of India and Ors .

Citizens for Green Doon Vs. Union of India and Others

Narmada Bachao Andolan Vs. Union of India and Others

Praveen Singh Ramakant Bhadauriya Vs. Neelam Praveen Singh Bhadauriya

Shyam Narayan Chouksey Vs. Union of India & Others

Tamil Nadu Housing Board Vs. Abdul Salam Sarkar (dead) and Others

Common Cause Vs. Union of India

Rajendra Singh and Others Vs. National Insurance Company Limited and Others

Sirajul Hoque Vs. The State of Assam & Ors.

Abdul Kuddus Vs. Union of India and Others

Abdul Kuddus Vs. Union of India and Others

Please Log-in to view this content

Similar Documents

Kamalakhya Dey Purkayastha and Ors. Vs. Union of India and Ors .

Citizens for Green Doon Vs. Union of India and Others

Narmada Bachao Andolan Vs. Union of India and Others

Praveen Singh Ramakant Bhadauriya Vs. Neelam Praveen Singh Bhadauriya

Shyam Narayan Chouksey Vs. Union of India & Others

Tamil Nadu Housing Board Vs. Abdul Salam Sarkar (dead) and Others

Common Cause Vs. Union of India

Rajendra Singh and Others Vs. National Insurance Company Limited and Others

Sirajul Hoque Vs. The State of Assam & Ors.

Abdul Kuddus Vs. Union of India and Others