Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Citizenship Act 1955 Foreigners Act 1946 Petition u/Art.32 of the Constitution Assam Accord Delay / Laches Immigrants (Expulsion from Assam) Act 1950 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Citizenship Act, 1955: s. 6A (as inserted by Amendment Act in 1985 to give effect to the Assam Accord dated 15.8.1985) - Constitutional validity of- The questions as regards constitutional validity of s. 6A are substantial questions as to interpretation of the Constitution - Hence, need to be decided by a minimum of 5 Judges - Therefore, the questions referred to larger Bench- However, since s. 6A is valid until the Constitution Bench decides the matter, in view of the facts of the case, it is necessary to issue appropriate directions to ensure that effective steps are taken to prevent illegal access to the country; to detect foreigners belonging to the stream of 1.1.1966 to 24. 7. 1971 so as to give effect to the provisions of ss.6(3) and 6(4) and to detect and deport all illegal migrants who have come to the State of Assam after 25.3.1971- Constitution of India-Arts. 5 and 6 - Foreigners Act, 1946- Immigrants (Expulsion from Assam) Act, 1950 - Assam Accord dated 15.8.1985 - Foreigners Tribunal Order of 1964.Delay / Laches - Petition u/Art.32 of the Constitution - Whether can be dismissed on the ground of delay / laches - Held: When it comes to violations of the fundamental right to life and personal liberty, delay or laches by itself would not be sufficient to shut the doors of the court on any petitioner- The present petition is representing the entire population of State of Assam, alleging invasion on sovereignty and integrity of India by the illegal migrants of a neighbouring country - These influx giving rise to periodic clashes resulting in · violation of Articles 21 and 29 of the Constitution - It is also A alleged that Arts. 14 of the Constitution continues to be violated as s.6A (3) to (5) of the Citizenship Act (Constitutional validity whereof is challenged in the petition) are not time barred, but are ongoing - Such a petition cannot .be dismissed at threshold on the ground of laches- Constitution of lndia-Arts. 32, 14, 21, 29 and 355-Citizenship Act, 1955 -s.6A. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2014 INSC 874 |
Petitioner | Assam Sanmilita Mahasangha & Ors. |
Respondent | Union Of India & Ors. |
SCR | [2014] 14 S.C.R. 744 |
Judgement Date | 2014-12-17 |
Case Number | 562 |
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