Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Citizenship Act 1955 – s.7B(1) |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Constitution of India Citizenship Act, 1955 (57 of 1955) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Citizenship Act, 1955 – s. 7B(1) – Through notifications dtd. 11.04.2005, 05.01.2009, the Overseas Citizens of India (OCI) Cardholders were given the right of parity with Non-Resident Indians (NRIs) in respect of the facilities as notified, including in the field of education, who in turn had the parity with Indian Citizens – Impugned notification dtd. 04.03.21 issued by Respondent No.1, in exercise of powers u/s. 7B(1), took away the existing right of OCI Cardholders of appearing for the Entrance Exams to compete with Indian Citizens for the seats and restricted the admission only as against the seats reserved for the NRIs or for supernumerary seats – Proviso to clause 4(ii) of the notification further clarified that the OCI Cardholders shall not be eligible for admission against any seat reserved exclusively for Indian Citizens – Challenged by students-OCI Cardholders aspiring to become Doctors by pursuing the MBBS course by securing admission through NEET and thereafter the post-graduation/super specialty – Held: Decision to supersede the earlier notifications and take away the right of OCI Cardholders should not have been nullified without reference to the consequences – Impugned notification not saving such accrued rights indicates non application of mind and arbitrariness – Though the impugned notification is based on a policy and is in the exercise of the statutory power of a Sovereign State, the provisions contained therein shall apply prospectively only to persons born in a foreign country subsequent to 04.03.2021 i.e. the date of the notification and who seek for a registration as OCI cardholder from that date – Impugned notification though competent u/s. 7B(1) suffers from the vice of non-application of mind and despite being prospective, is in fact retroactive taking away the rights which were conferred also as a matter of policy of the Sovereign State – Impugned portion of the notification providing for supersession of the notifications dtd. 11.04.2005, 05.01.2007, 05.01.2009 and the clause 4(ii), its proviso and Explanation (1) thereto shall operate prospectively in respect of OCI cardholders who have secured the same subsequent to 04.03.2021 – Citizenship Amendment Act, 2003 – Constitution of India – Article 11, 14 – Foreigners Act, 1946 – s.2(a) – Doctrine of Legitimate Expectation.Citizenship Act, 1955 – ss. 7A, 7B(1) – Right of the Overseas Citizens of India (OCI) Cardholders – Held: The right of the OCI Cardholders is a midway right in the absence of dual citizenship – When a statutory right was conferred and such right was being withdrawn through a notification, the process for withdrawal is required to demonstrate that the action taken is reasonable and has nexus to the purpose – It should not be arbitrary, without basis and exercise of such power cannot be exercised unmindful of consequences merely because it is a sovereign power – Citizenship Amendment Act, 2003. Citizenship Act, 1955 – s. 7B(2) – Plea of the petitioners that since s. 7B(2) does not exclude the right u/Article 14, it is available to be invoked and discrimination contemplated in the impugned notification to exclude the OCI Cardholders should be struck down – Held: Article 14 can be invoked and contend discrimination only when persons similarly placed are treated differently – The OCI Cardholders being a class by themselves cannot claim parity with the Indian citizens, except for making an attempt to save the limited statutory right bestowed – Constitution of India – Article 14. |
Judge | N/A |
Neutral Citation | 2023 INSC 99 |
Petitioner | Anushka Rengunthwar & Ors |
Respondent | Union Of India & Ors. |
SCR | [2023] 5 S.C.R. 243 |
Judgement Date | 2023-02-03 |
Case Number | 891 |
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