Supreme Court of India

Abdul Kuddus v. Union of India and Others

Neutral citation
Reported as [2019] 8 S.C.R. 669
Bench Ranjan Gogoi, Deepak Gupta and Sanjiv Khanna JJ.
Decided 17 May 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid findings, it has to be he ld that paragraph 8 of the Schedule to the 2003 Rules which gives a r ight to appeal before the Tribunal under the 1964 Order would apply o nly if and, in those cases, where the Tribunal constituted under the 1964 Order has not already adjudicated upon and decided the issue as to whether the person is an Indian National or a foreigner.

Judgment, page 18

From the headnote

Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003: Schedule, Paragraph 3( 2) and Paragraph 8 – Conflict between – Citizenship status of p ersons in the State of Assam – Adjudication of – Held: Paragraph 3(2 ) deals with separate class of persons who have been declare d as illegal migrant or foreigners by the Competent Authority – Su ch persons cannot be included in the National Register of Citi zens – Such persons cannot claim citizenship of India on the basi s that he/she has been residing in the State of Assam – Whereas P aragraph 8 provides for a right

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