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The Supreme Court on Monday set aside Gauhati high court’s judgments that upheld declarations of 27 appellants as foreigners, noting that citizenship and foreigner status must be decided through a “fair, lawful and reasonable” process.The ruling came from a Bench of Justices Vikram Nath and Sandeep Mehta, which remanded the cases to the concerned Foreigners Tribunals for fresh adjudication.The court allowed the appeals while observing that questions relating to citizenship carry “profound constitutional significance” and require adherence to procedural fairness, according to LiveLaw.“Citizenship and foreigner status occupy a field of high constitutional and legal significance,” the bench observed.The Supreme Court, however, acknowledged the government’s interest in preventing misuse of citizenship claims. It said the State has a “legitimate and compelling interest” in ensuring that individuals who are not legally entitled to Indian citizenship do not obtain such status through false claims or procedural delays.“The State has a legitimate and compelling interest in ensuring that persons who are not legally entitled to claim Indian citizenship do not secure such status by misuse of process, by false claim or by taking advantage of delays,” the Bench said.At the same time, the court emphasised that such concerns cannot override the requirement of a fair hearing.“At the same time, the determination of such status must be made through a process which is fair, lawful and reasonable. The statutory burden under Section 9 of the Foreigners Act, 1946 remains fully applicable,” the Bench observed.The court clarified that it had not examined the merits of the appellants’ citizenship claims or the documents submitted by them.“We have not examined the merits of the claims of citizenship by the appellants or expressed any opinion on the genuineness, admissibility, relevance or sufficiency of any document relied upon by them. Those questions must be decided by the concerned Tribunal independently,” it said.The Bench also clarified that the remand order should not be treated as providing any relief on the citizenship claims.“The remand being directed is not intended to confer any equity in favour of a person who is unable to establish his or her claim. It is only to ensure that the serious consequence of being declared a foreigner follows from an adjudication which satisfies the requirements of the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964, and the constitutional mandate of fairness,” the Court said.The Supreme Court directed the Foreigners Tribunals to reconsider the cases independently, without being influenced by previous findings of the high court or the tribunals.“The concerned Tribunals shall decide the cases afresh and uninfluenced by any of the observations made by the high court or by the Tribunals in the earlier opinions,” the Bench directed.Relying on Section 9 of the Foreigners Act, 1946, the Gauhati high court had held that the burden of proving Indian citizenship rests entirely on the proceedee, as the relevant facts are considered to be within their special knowledge. The high court observed that this burden does not shift even in ex parte proceedings.Get the latest India news and live updates. Download the TOI App.About the AuthorTOI News DeskThe TOI News Desk comprises a dedicated and tireless team of journalists who operate around the clock to deliver the most current and comprehensive news and updates to the readers of The Times of India worldwide. With an unwavering commitment to excellence in journalism, our team is at the forefront of gathering, verifying, and presenting breaking news, in-depth analysis, and insightful reports on a wide range of topics. The TOI News Desk is your trusted source for staying informed and connected to the ever-evolving global landscape, ensuring that our readers are equipped with the latest developments that matter most.”Read MoreEnd of ArticleFollow Us On Social MediaVideosHealth Camp Horror? 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Janaki net worth explained: How the late South Indian playback singer amassed a Rs 537 crore fortune These birth dates are protected by divine angels Russia sends ‘doomsday’ aircraft to Iran as Middle East tensions escalate: All about Tupolev Tu-214PU Jul 13, 2026, 11:19 IST Rajasthan University opens PG admissions 2026 today, registrations begin for 28 postgraduate programmes: Check steps to apply here ‘Even Kamal Haasan or Aamir Khan can’t do this’: Mysskin showers praise on Vijay Sethupathi, teases Thanu on the film’s release date Kia Syros EV spotted undisguised ahead of launch: Expected specs Beijing’s ‘Manhattan Project’: China close to cracking code of EUV Lithography system – tech that controls the world A few days ago, in a fresh order, the Suvendu government ordered an inspection of unaided madrasas. NEW DELHI: The Supreme Court Monday dismissed a plea by around 350 teachers and non-teaching staff of recognised West Bengal madrasas seeking salaries under the state’s grant-in-aid scheme.Barely days after coming of power in West Bengal, chief minister Suvendu Adhikari-led state cabinet Monday scrapped the assistance to the groups based on religious categorisation, effectively ending the religion-based schemes run during the Mamata Banerjee-led TMC government.The BJP government had also done away with the exisiting state OBC list in accordance with the Calcutta high court judgement and would set up a panel to decide quota eligibility.A few days ago, in a fresh order, the Suvendu government ordered an inspection of unaided madrasas operating across 12 districts and directed the authorities concerned to submit reports by July 21. The inspection is slated to be completed by July 15, an official said.Per the July 8 order by the state minority affairs and madrasa education department, the inspection of selected unaided madrasas, both recognised and unrecognised, is necessary as part of an exercise to review their functioning and ensure compliance with the government’s educational framework and policies.“The inspections are being undertaken in the interest of student welfare, proper implementation of educational schemes, institutional planning and verification of the functioning of unaided institutions,” a senior government official said.Senior madrasa department officials, along with other government agencies, have been assigned district-wise responsibilities to conduct the inspections. The districts covered include Cooch Behar, North Dinajpur, Malda, Murshidabad, Birbhum, West Midnapore, East Midnapore, Nadia, Hooghly, Howrah, North 24 Parganas and South 24 Parganas.Unaided madrasas in Bengal operate without government financial assistance. They can be private, recognised institutions or unrecognised Khariji madrasas. Khariji madrasas, which are run and maintained by individuals, communities or private organisations, are estimated to be well over 1,000 across the state, while no official count is available. Get the latest India news and live updates. Download the TOI App.About the AuthorTOI News DeskThe TOI News Desk comprises a dedicated and tireless team of journalists who operate around the clock to deliver the most current and comprehensive news and updates to the readers of The Times of India worldwide. With an unwavering commitment to excellence in journalism, our team is at the forefront of gathering, verifying, and presenting breaking news, in-depth analysis, and insightful reports on a wide range of topics. The TOI News Desk is your trusted source for staying informed and connected to the ever-evolving global landscape, ensuring that our readers are equipped with the latest developments that matter most.”Read MoreEnd of ArticleFollow Us On Social MediaVideosHealth Camp Horror? 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