CLAT-2027 Blog

Centre to Repatriate Bangladeshi Deportees: Foreigners Act, Citizenship & CLAT 2027

CURRENT AFFAIRS | 23 MAY 2026

In a significant submission before the Supreme Court on 22 May 2026, the Union Government undertook to bring back certain persons deported to Bangladesh and verify their citizenship claims before further steps. The bench led by CJI Surya Kant was hearing the Centre’s challenge to a Calcutta High Court order of September 2025 directing repatriation in a clutch of habeas corpus petitions. For CLAT 2027 aspirants the matter blends the Foreigners Act 1946, the Citizenship Act 1955, Articles 14 and 21 of the Constitution, and the constitutional jurisprudence on due process for non-citizens.

Constitutional & Statutory Framework

  • Foreigners Act 1946 + Foreigners (Tribunals) Order 1964: Foreigners Tribunals — quasi-judicial bodies — alone can declare a person a ‘foreigner’ for deportation.
  • Citizenship Act 1955: Sections 3 (birth), 5 (registration), 6 (naturalisation), 9 (termination).
  • Article 14: Equality before the law — applies to all ‘persons’.
  • Article 21: Right to life and personal liberty — extended to foreigners in NHRC v State of Arunachal Pradesh (1996).
  • Sarbananda Sonowal v UoI (2005): Struck down the IMDT Act 1983.
  • Lal Babu Hussein v ERO (1995): Natural justice mandatory before declaring someone a non-citizen.

Why this matters for CLAT 2027

Citizenship and due process for foreigners are evergreen CLAT favourites — Sonowal, NHRC v Arunachal Pradesh and Lal Babu Hussein appear in nearly every preparation series. This particular Supreme Court matter folds in habeas corpus jurisprudence, the role of Foreigners Tribunals, and the federal interplay between State Police actions and Union immigration policy. Expect a Legal Reasoning passage on Article 21 due process for non-citizens.

Key Facts at a Glance

Item Detail
Bench CJI Surya Kant, Justices Joymalya Bagchi & Vipul Pancholi
Centre’s submission Will bring back deportees, verify citizenship, then act
High Court below Calcutta HC (Sept 2025 habeas corpus orders)
Affected persons Sunali Khatun, Danish Sekh, Sabir Sekh; Sweety Bibi, Kurban, Imam
Governing law Foreigners Act 1946 + Citizenship Act 1955
Anchor precedent Sarbananda Sonowal v UoI (2005)

Mnemonic — “FACT-21”

F = Foreigners Act 1946. A = Article 14 (all persons). C = Citizenship Act 1955. T = Tribunals (Foreigners). 21 = Article 21 due process. Recall FACT-21 to lock in the entire framework for deportation cases.

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Practice Quiz — 10 CLAT-Style Questions

Click an option to reveal the answer and explanation.

Quick answers

Foreigners Tribunals in India derive their authority from which statute and order?
Foreigners Act 1946 + Foreigners (Tribunals) Order 1964. Foreigners Tribunals are quasi-judicial bodies set up under the Foreigners (Tribunals) Order 1964 framed under Section 3 of the Foreigners Act 1946.
In which landmark case did the Supreme Court hold that even foreigners are entitled to protection of Article 21?
NHRC v State of Arunachal Pradesh (1996). NHRC v State of Arunachal Pradesh (1996) extended Article 21 (right to life and personal liberty) to Chakma refugees — foreigners are entitled to due process.
The Illegal Migrants (Determination by Tribunals) Act 1983 (IMDT Act) was struck down by the Supreme Court in which case?
Sarbananda Sonowal v UoI (2005). Sarbananda Sonowal v UoI (2005) struck down the IMDT Act for placing an unfair burden of proof on the State to prove a person was a foreigner.
Citizenship by birth in India is currently governed by which section of the Citizenship Act 1955?
Section 3. Section 3 of the Citizenship Act 1955 governs acquisition of Indian citizenship by birth (with conditions post 1987 and 2003 amendments).
Under the Citizenship Act 1955, citizenship can be terminated under which section if a person voluntarily acquires another country's citizenship?
Section 9. Section 9 deals with termination of Indian citizenship if a citizen voluntarily acquires the citizenship of another country.
Article 14 of the Constitution applies to whom?
All persons including foreigners. Article 14 applies to all 'persons' — citizens and non-citizens alike. The State must not deny any person equality before the law within India.
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