Citizenship and Related Issues

Decision of Foreigners Tribunal Will Prevail Over NRC Order


From UPSC perspective, the following things are important :

Prelims level : NRC

Mains level : Citizenship issue in Assam

  • The Supreme Court has held that a tribunal’s order declaring a person as an illegal foreigner would be binding and prevails over the government decision to exclude or include the name from the National Register of Citizens (NRC) in Assam.

Decision of Foreigners Tribunal >> Govt. Decision

  • The judgment said that the principle of ‘res-judicata’ (a judicially decided issue cannot be re-agitated) would apply on the decision of foreigners tribunal.
  • A person who has been declared an illegal immigrant cannot seek re-decision in normal circumstances.
  • The bench distinguished between the decisions of NRC and of foreigners tribunals and said that the latter’s order being the quasi-judicial one would prevail.
  • The court, however, said the persons whose names are not included in the NRC in Assam can produce documents including the ones related to family tree and seek review of the tribunals decision.
  • The court had said that it cannot create an appellate forum for those, declared as illegal foreigners by a tribunal, by using its power under Article 142 of the Constitution.
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