Fair, reasoned process must decide citizenship: Supreme Court

The Supreme Court on Monday (July 13, 2026) held that the determination of citizenship and foreigner status must be undertaken through a “fair, lawful and reasoned” process, as it set aside a batch of 27 Gauhati High Court judgments declaring the appellants to be foreigners and remanded the cases to the Foreigners Tribunals concerned for fresh adjudication.

A Bench of Justices Vikram Nath and Sandeep Mehta observed that while the state has a legitimate interest in ensuring that persons who are legally ineligible for an Indian citizenship do not obtain such a status through “false claims”, the “grave consequence” of being declared a foreigner must follow a procedure that adheres to constitutional guarantees.

“A state action which is arbitrary cannot claim the protection of law merely because it is clothed in statutory form. A proceeding which may result in a person being declared a foreigner cannot be sustained if the procedure adopted is mechanical, one-sided, or devoid of application of mind... The Tribunal must examine whether the proceedee had a fair opportunity, whether the main grounds were disclosed, whether the evidence before it was capable of supporting the reference, and whether the conclusion follows from the material on record,” the judgment, authored by Justice Nath, said.