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Supreme Court of India 2019-05-17 disposed

ABDUL KUDDUS vs UNION OF INDIA

Bench: 3 — Ranjan Gogoi, Deepak Gupta, Sanjiv Khanna

In Brief

This case addresses conflicts in the Citizenship Registration Rules regarding inclusion of persons declared as illegal migrants or foreigners in Assam's National Register of Citizens. The Supreme Court held that persons adjudged as illegal migrants or foreigners by the Foreigners Tribunal—the 'Competent Authority' under the Rules—cannot be re-examined or included in the register. The Tribunal's opinion is a quasi-judicial order operating as res judicata. The right to appeal under the Rules applies only where the Tribunal has not previously decided the nationality issue. The Court rejected arguments for creating a new appellate forum, holding such matters are reserved for Parliament.

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Constitutional Law Citizenship Foreigners Act National Register of Citizens Administrative Law Quasi-Judicial Bodies

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