SARBANANDA SONOWAL versus UNION OF INDIA

SARBANANDA SONOWAL versus UNION OF INDIA

The Foreigners (Tribunal) Amendment Order, 2006 is violative of Articles 14 and 355, is subordinate legislation that cannot nullify directions of the Supreme Court, nor override central legislation. Its exclusion of Assam is arbitrary and unjustified, and it does not preclude authorities from conducting preliminary inquiries. The Amendment Order is struck down as unconstitutional.

Parties
Petitioner: Sarbananda Sonowal; Respondent: Union of India; Intervener: State of Assam
Jurisdiction
India
Judgment Date
05 December 2006
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petition allowed; Amendment Order quashed
Legal Topics
Subordinate Legislation, Citizenship, Foreigners Act, Illegal Migration, Principles of Natural Justice
Constitutional Law Administrative Law Immigration Law Subordinate Legislation Citizenship Foreigners Act Illegal Migration Principles of Natural Justice

Case Brief

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Parties

Sarbananda Sonowal

Petitioner

Union of India

Respondent

State of Assam

Intervener

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the Foreigners (Tribunal) Amendment Order, 2006 violates Articles 14 and 355 of the Constitution of India
  2. 2 Whether subordinate legislation can nullify directions of the Supreme Court and violate a central Act
  3. 3 Whether authorities are permitted to make preliminary inquiry before reference to Tribunal under the 2006 Order

Ratio Decidendi

The Foreigners (Tribunal) Amendment Order, 2006 is violative of Articles 14 and 355, is subordinate legislation that cannot nullify directions of the Supreme Court, nor override central legislation. Its exclusion of Assam is arbitrary and unjustified, and it does not preclude authorities from conducting preliminary inquiries. The Amendment Order is struck down as unconstitutional.

Court Disposition

Petition allowed; Amendment Order quashed

Orders

  • Foreigners (Tribunal) Amendment Order, 2006 is quashed.
  • Respondents are directed to implement directions issued in Sarbananda Sonowal v Union of India & Ors, (2005) 5 SCC 665 within four months.