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.
Practice Quiz — 10 CLAT-Style Questions
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