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july 2005

Supreme Court of India · 2005-07-12

SARBANANDA SONOWAL vs UNION OF INDIA

Citation / case number
SC 2000/4571
Court
Supreme Court of India
Petitioner
SARBANANDA SONOWAL
Respondent
UNION OF INDIA
Author
G.P. MATHUR
Bench
R.C. LAHOTI,G.P. MATHUR,P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court ruled that the Illegal Migrants (Determination by Tribunals) Act, 1983 is unconstitutional as it violates Article 14 of the Constitution, which guarantees equality before the law. The Court held that the Act discriminates against Indian citizens in Assam by making it difficult to detect and deport illegal migrants, thereby undermining the Foreigners Act, 1946. Consequently, the Court declared the IMDT Act and its associated rules as ultra vires, affirming that the Foreigners Act shall apply in Assam.

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