Judgment

S.B. SINHA, J. - The validity of two pieces of subordinate legislation, one amending the Foreigners (Tribunals) Order, 1964 and the other, the Foreigners (Tribunals for Assam) Order, 2006 in the context of an earlier decision rendered by this Court is the question involved in these writ petitions filed under Article 32 of the Constitution of India by the petitioners.

2. Sarbananda Sonowal filed WP (C) No. 131 of 2000 under Article 32 of the Constitution of India against the Union of India and others for declaring some of the provisions of the Illegal Migrants (Determination by Tribunals) Act, 1983 (for short "the IMDT Act") as unconstitutional, null and void and a consequent declaration that the Foreigners Act, 1946 (for short "the 1946 Act") and the Rules made thereunder would apply to the State of Assam. The pleas raised in the said writ petition found favour with a three - Judge Bench of this Court in Sarbananda Sonowal v. Union of India I. The said decision is hereinafter referred to as Sonowal II. It was directed therein: (SCC p. 726, para 84)

"84. In view of the discu