Ex Parte Foreigner Declarations Must Adhere to Natural Justice and Fair Adjudication Standards

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Case: SABITRI DEY @ SWASTHI DEY v. UNION OF INDIA
Court: Supreme Court of India
Date: 13-07-2026
Law: Constitution of India.

Full Judgment → MCQ Test →

Highlights of the Judgment:

• Interpretation of the statutory burden of proof under Section 9 of the Foreigners Act, 1946.
• The requirement of Foreigners Tribunals to conduct active, non-mechanical adjudication even in ex parte proceedings.
• Application of the principles of natural justice, specifically audi alteram partem, to quasi-judicial citizenship inquiries.
• The scope of writ jurisdiction regarding first-time factual appreciation of citizenship documents.
• The constitutional protection of Articles 14 and 21 extended to non-citizens during foreigner determination proceedings.
• Procedural safeguards under Paragraph 3 of the Foreigners (Tribunals) Order, 1964.