In Re Section 6a Of The Citizenship Act 1955 vs. Union Of India Ministry Of Home Affairs Secretary
AI Summary
This Supreme Court Office Report highlights a crucial Public Interest Litigation (PIL) challenging the constitutional validity of the Foreigners (Amendment) Order, 2015 and Passport (Entry Into India) Amendment Rules, 2015. The petitioners contend these amendments infringe upon fundamental rights, making this case significant for legal professionals and individuals concerned with immigration and citizenship laws in India.
Case Identifiers
Petitioner's Counsel
Advocates on Record
eCourtsIndia AITM
Brief Facts Summary
A Writ Petition (C) No. 68 of 2016 was filed by Pranab Kr. Mazumdar & Ors. on January 8, 2016, in the Supreme Court of India. The petition seeks to declare the Foreigners (Amendment) Order, 2015, and the Passport (Entry Into India) Amendment Rules, 2015, published on September 8, 2015, as unconstitutional, alleging violation of fundamental rights under Articles 14, 15, 19, 21, and 29 of the Constitution. The Office Report notes that this petition is connected to another Writ Petition (C) No. 562 of 2012, which is pending before a larger Bench of the Hon'ble Court and was last listed on January 13, 2016. The current petition is listed for Orders.
Timeline of Events
Foreigners (Amendment) Order, 2015 and Passport (Entry Into India) Amendment Rules, 2015 published in the Official Gazette.
Writ Petition (C) No. 68 of 2016 filed by Pranab Kr. Mazumdar & Ors. in the Supreme Court.
Connected Writ Petition (C) No. 562 of 2012 last listed before the larger Bench.
Office Report prepared; Writ Petition (C) No. 68 of 2016 listed before the Hon'ble Court for Orders.
Key Factual Findings
Writ Petition (C) No. 562 of 2012 is pending before the larger Bench of the Hon'ble Court.
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Questions of Law
Statutes Applied
Petitioner's Arguments
The petitioners argue that the Foreigners (Amendment) Order, 2015 and the Passport (Entry Into India) Amendment Rules, 2015 are unconstitutional. They contend that these legislative instruments violate the fundamental rights guaranteed under Articles 14 (Equality before law), 15 (Prohibition of discrimination), 19 (Freedom of speech, etc.), 21 (Protection of life and personal liberty), and 29 (Protection of interests of minorities) of the Constitution of India.
Respondent's Arguments
The arguments of the respondent side are not detailed in this Office Report. However, it can be inferred that the Union of India would typically defend the validity and constitutionality of the amendments and rules it has enacted, citing legislative competence and public interest.
- Emphasis on Constitutional Review
Specific Directions
- 1.The Writ Petition is listed before the Hon'ble Court with this Office Report for Orders.
Precedential Assessment
Non-Binding (Procedural)
This document is an Office Report, a procedural note for listing, and does not contain any judicial pronouncements or legal reasoning that would establish precedent.
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
3 Jul 2009
Original Order Copy
Get a certified copy of this order
Order Text
SECTION PIL (WRIT) MATTER FOR : 1 2.0 2.20 1 6 COURT NO: 0 1 ITEM.: 0 9
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
WRIT PETITON (C) NO. 6 8 OF 2 0 1 6 (Und er Article 3 2 of th e Constitution of India)
Pran a b Kr. Mazu m d ar & Ors. ...Petition er
Versus
Union of India & Anr. ..Res pond e nt s
OFFICE REPORT
The Writ Petition a b ov e-m e n tion e d h a s b e e n filed on 0 8.01.20 1 6 by Mr. So mira n Sh ar m a, Advoc at e for th e Petition er pr aying th er ein to:-
"(i) Declar e th a t th e Foreign ers (Am e n d m e n t) Ord er, 2 0 1 5 a n d th e Pass port (Entry Into India) Am en d m e n t Rules, 2 0 1 5 p u blish e d in th e O fficial Gaz ett e on 0 8.0 9.2 01 5 a s u nconstitution al b eing violative of th e fund a m e n t al rights g u ar a nt e e d u n d er Article 1 4, 1 5, 2 1, 1 9 a n d 2 9 of th e Constitution of India a n d/or a n d Issu e a writ of m a n d a m u s or a ny oth er a p propriat e writ striking dow n th e s a m e a s invalid a n d u nconstitution al; e tc."
It is s u b mitt e d th a t Writ Petition (C) No. 5 6 2 of 2 0 1 2 referred to on p a g e B & C of list of d a t e s is p e n ding b efore th e larg er Bench of this Hon'ble Court a n d w a s lastly list e d b efore th e Hon'ble Court on 1 3.0 1.20 1 6. (Copies of th e Ord er ar e e n clos e d h er ewith with this O ffice Report for th e kind p eru s al of th e Hon'ble Court.)
The Writ Petition a b ov e-m e n tion e d is list e d b efore th e Hon'ble Court with this O ffice Report for Ord ers.
Dat e d this th e 1 1 th d ay of Febru ary, 2 0 1 6.
s d/-
Assist a nt Registrar