Supreme Court of India
Abdul Kuddus v. Union of India and Others
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 held that paragraph 8 of the Schedule to the 2003 Rules which gives a right to appeal before the Tribunal under the 1964 Order would apply only 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 persons in the State of Assam – Adjudication of – Held: Paragraph 3(2) deals with separate class of persons who have been declared as illegal migrant or foreigners by the Competent Authority – Such persons cannot be included in the National Register of Citizens – Such persons cannot claim citizenship of India on the basis that he/she has been residing in the State of Assam – Whereas Paragraph 8 provides for a right of…
Authorities it was built on
- 2002 Dr. J.J. Merchant and Ors. v. Shrinath Chaturvedi
- 2002 Indian National Congress (i) v. Institute of Social Welfare and Ors.
- 2014 Pravasi Bhalai Sangathan v. Union of India & Ors.
- 2005 Sarbananda Sonowal v. Union of India and Anr.
- 2006 Sarbananda Sonowal v. Union of India
- 2006 Rajesh Kumar and Ors. v. D.C.I.T. and Ors.
Where later benches applied it
- 2025 Rofiqul Hoque v. The Union of India & Ors.
- 2025 Arunkumar H Shah Huf v. Avon Arcade Premises Co-operative Society Limited & Ors.
- 2025 M/s Faime Makers Pvt. Ltd. v. District Deputy Registrar, Co-operative Societies(3), Mumbai & Ors.
- 2024 Md. Rahim Ali @ Abdur Rahim v. The State of Assam & Ors.
Of those, 1 relied on · 3 referred to
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