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2014 Supreme(SC) 899

RANJAN GOGOI, ROHINTON FALI NARIMAN
Assam Sanmilita Mahasangha – Appellant
Versus
Union of India – Respondent


Advocates:
MAIN POINTS
Article 32 itself is a fundamental right.
Petition under Article 32 raising pleas under Articles 21 and 29 cannot be dismissed at the threshold on ground of delay and latches.
Article 145(3) requires that substantial question of interpretation of Constitution should be referred to a Constitution Bench.
Directions issued for implementation of section 6(3) and (4) of the Citizenship Act, 1955.

JUDGMENT

R.F. Nariman, J.

1. A Prophet is without honour in his own country. Substitute ‘citizen’ for ‘prophet’ and you will get the gist of the various writ petitions filed under Article 32 of the Constitution of India assailing Section 6A of the Citizenship Act.

2. It all began when the Burmese ceded Assam to the British on 24th February, 1826 as per the treaty of Yandabo, thus bringing to an end Ahom rule in Assam which had begun sometime in the 13th century. The British annexed Assam and placed it as an administrative unit of the Bengal Province. As early as 1931, C.S. Mullan, the Census Superintendent in his census report stated:

“Probably the most important event in the province during the last 25 years- an event, moreover, which seems likely to alter permanently the whole feature of Assam and to destroy the whole structure of Assamese culture and civilization has been the invasion of a vast horde of land-hungry immigrants mostly Muslims, from the districts of East Bengal. … wheresoever the carcass, there the vultures will gathered together ” (Politics of Migration by D































































































































































































































































































































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