Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | State of Assam Act and Rules made applicable Aggression ' overriding effect over Foreigners Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Illegal Migrants (Determination by Tribunals) Act, 1983: Illegal Migrants (Determination by Tribunals) Rules, 1984: Constitution of India, 1950-Articles 14 and 355: Act and Rules made applicable only to the State of Assam with overriding effect over Foreigners Act-For the purpose of effective detection and deportation of illegal migrants-In the rest of the Country Foreigners Act and Rules thereunder applicable-Constitutional validity of the Act and the Rules challenged-Held: the Act and the Rules are ultra vires the Constitution-Procedure under Foreigners Act was far more effective in detection and deportation of illegal migrants than the impugned Act-Rather it is so made as to give advantage to the illegal migrants and not for achieving the real objective of the enactment-The provisions negate the constitutional mandate under Article 355-Applicability of the Act to the State of Assam alone, having no rational nexus with the policy and object of the Act, is violative of Article 14-The Act has stripped Central Government of its power to remove illegal migrants provided under Foreigners Act, Immigrants (Expulsion from Assam) Act, Passport (Entry into India) Act Tribunals constituted under the Act will cease to function and the cases pending before it would be transferred to Tribunals constituted under Foreigners Act-Passport (entry Into India) Act, 1920-Foreigners Act, 1946-Foreigners (Tribunals) Orders, 1964-Immigrants (Expulsion from Assam) Act, 1950-Passport Act, 1967-Citizenship Act, 1955-Section 6A Evidence Act, 1872-Section 106. Words and Phrases: 'Aggression '-Meaning of in the context of Constitution of India. Illegal Migrants (Determination by Tribunals) Act, 1983 and Illegal Migrants (Determination by Tribunals) Rules, 1984 were made applicable to the State of Assam with the professed aim of making detection and deportation of illegal migrants residing in the State of Assam. Writ Petition u/A 32 of the Constitution of India was filed by way of Public Interest Litigation seeking declaration of certain provisions of the Act as ultra vires the Constitution of India and declaration of Rules, as ultra vires the Constitution and also u/s 28 of the Act and also sought declaration that Foreigners Act, 1946 and Rules made thereunder shall apply to the State of Assam. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2005 INSC 287 |
Petitioner | Sarbananda Sonowal |
Respondent | Union Of India And Anr. |
SCR | [2005] Supp. (1) S.C.R. 472 |
Judgement Date | 2005-07-12 |
Case Number | 131 |
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