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december 2014

Supreme Court of India · 2014-12-17

ASSAM SANMILITA MAHASANGHA vs UNION OF INDIA MINISTRY OF HOME AFFAIRS REPRESENTED BY THE SECRETARY

Citation / case number
SC 2012/39577
Court
Supreme Court of India
Petitioner
ASSAM SANMILITA MAHASANGHA
Respondent
UNION OF INDIA MINISTRY OF HOME AFFAIRS REPRESENTED BY THE SECRETARY
Author
ROHINTON FALI NARIMAN RANJAN GOGOI
Bench
ROHINTON FALI NARIMAN RANJAN GOGOI

Judgment text excerpt

The Supreme Court addressed the constitutionality of Section 6A of the Citizenship Act, which pertains to the citizenship rights of individuals migrating from Bangladesh. The Court held that the provisions of Article 5 and Article 6 of the Constitution, along with the Foreigners Act of 1946, establish the criteria for citizenship, emphasizing the burden of proof lies on the individual to establish their citizenship status. The judgment reaffirmed the importance of these constitutional provisions in determining citizenship and upheld the validity of Section 6A, thereby dismissing the writ petitions challenging it.

ASSAM SANMILITA MAHASANGHA vs UNION OF INDIA MINISTRY OF HOME AFFAIRS REPRESENTED BY THE SECRETARY · Niyam