SC Rules Foreigners Tribunal Cannot Reopen Citizenship Cases

Why in the News?

The Supreme Court ruled that Foreigners Tribunals cannot review their own decisions, overturning an Assam tribunal’s order that reopened a settled citizenship case. The verdict reinforces legal finality, preventing repetitive litigation in pending citizenship disputes under the Assam Accord and NRC.

SC Rules Foreigners Tribunal Cannot Reopen Citizenship Cases

Supreme Court’s Ruling:

  • The Supreme Court (SC) ruled that a Foreigners Tribunal (FT) lacks the power to review its own orders, as the law does not grant it appellate authority.
  • The decision came while overturning an Assam FT order that had reversed its own finding, which had earlier declared a woman an Indian citizen.
  • The ruling prevents repetitive litigation against individuals declared Indian citizens unless there are fresh and valid grounds for review.

Case Background & Legal Implications

  • The case involved Rejia Khatun, a Tezpur resident, who faced two FT proceedings (2012 and 2016).
  • In February 2018, the tribunal confirmed her Indian citizenship based on oral and documentary evidence.
  • However, in December 2019, the FT reopened the case, leading Khatun to challenge the decision.
  • The Gauhati High Court (HC) upheld the FT’s ruling in June 2023, forcing her to appeal to the SC.
  • The SC overturned both the FT’s 2019 decision and the HC’s ruling, stating the tribunal cannot act as an appellate body over its own orders.

Broader Impact on Citizenship Cases

  • The Assam Accord (1985) sets March 24, 1971, as the cut-off date for Indian citizenship in the state.
  • As of October 2023, 100 FTs in Assam had over 97,000 pending cases, with 8,461 appeals in the Gauhati HC.
  • The final National Register of Citizens (NRC) list (2019) excluded 19 lakh people, sparking legal disputes.
  • The Citizenship (Amendment) Act (CAA) allows non-Muslim refugees from Pakistan, Bangladesh, and Afghanistan (who arrived before December 31, 2014) to apply for Indian citizenship.

What are Foreigners Tribunals?

  • Established under The Foreigners Act, 1946, a colonial-era law, to determine citizenship status.
  • Set up in 1964 through an executive order by the Home Ministry.
  • Under Section 2(a) of the Act, a foreigner is anyone not a citizen of India, usually identified through strong evidence like a foreign passport or illegal entry.