ASSAM SANMILITA MAHASANGHA & ORS. versus UNION OF INDIA & ORS.

Citation: [2014] 14 S.C.R. 744 · Decided: 17-12-2014 · Supreme Court of India · Bench: RANJAN GOGOI · Disposal: Directions issued
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Judgment (excerpt)

[2014] 14 S.C.R. 744 
A 
ASSAM SANMILITAMAHASANGHA& ORS. 
B 
v. 
UNION OF INDIA & ORS. 
(Writ Petition (Civil) No. 562 of 2012) 
DECEMBER 17, 2014 
[RANJAN GOGOi AND ROHINTON FALi NARIMAN, JJ.] 
Citizenship Act, 1955: s. 6A (as inserted by Amendment 
Act in 1985 to give effect to the Assam Accord dated 
C 
15.8.1985) - Constitutional validity of- The questions as 
regards constitutional validity of s:6A are substantial 
questions as to interpretation of the Constitution - Hence, 
need to be decided by a minimum of 5 Judges - Therefore, 
. the questions referred to larger Bench-' However, since s. 6A 
D is valid until the Constitution Bench decides the matter, in 
view of the facts of the case, it is necessary to issue 
appropriate directions to ensure that effective steps are taken 
to prevent illegal access to the country; to detect foreigners 
belonging to the stream of 1.1.1966 to 24. 7. 1971 so as to 
E give effect tothe provisions of ss.6(3) and 6(4) and to detect 
and deport all illegal migrants who have come to the State of 
Assam after 25.3.1971- Constitution of India-Arts. 5 and 6 
- Foreigners Act, 1946- Immigrants (Expulsion from Assam) 
Act, 1950 - Assam Accord dated 15.8.1985 - Foreigners 
F 
Tribunal Order of 1964. 
Delay/Laches - Petition u!Art.32 of the Constitution -
Whether can be dismissed on the ground of delay/laches -
Held: When it comes to violations of the fundamental right to 
life and personal liberty, delay or /aches by itself would not 
G be sufficient to shut the doors of the court on any petitioner-
The present petition is representing the entire population of 
State of Assam, alleging invasion on sovereignty and integrity 
of India by the illegal migrants of a neighbouring country -
These influx giving rise to periodic clashes resulting in · 
H 
744 
ASSAM SANMILITAMAHASANGHA& ORS. v. UNION OF 
745 
INDIA&ORS. 
violation of Articles 21 and 29 of the Constitution - It is also A 
alleged that Arts. 14 of the Constitution continues to be 
violated as s.6A(3) to (5) of the Citizenship Act (Constitutional 
validity whereof is challenged in the petition) are not time 
barred, but are ongoing -
Such a petition cannot .be 
dismissed at threshold on the ground of /aches- Constitution 
B 
oflndia-Arts. 32, 14, 21, 29and355-CitizenshipAct, 1955 
-s.6A. 
Referring certain questions to a Bench of five 
Judges, issuing directions to the Union of India and State 
of Assam, and adjourning the matter, the Court 
C 
HELD: 1.1 With the developments in law, Article 21 
has been given its new dimension, and pursuant to the 
new dimension a huge number of rights have come 
under the umbrella of Article 21. It has been conclusively 0 
held that all fundamental rights cannot be waived. In 
view of these important developments in the law, the time 
has come for this Court to say that at least when it comes 
to violations of the fundamental right to life and personal 
liberty, delay or lac hes by itself without more, would not E 
be sufficient to shut the doors of the court on any 
petitioner. [Para 32][182-F-H] 
Maneka Gandhi v. Union of India 1978 (2) 
SCR 621 : (1978) 1 SCC 248 ; Tilokchand 
Motichand v. H.B. Munshi (1969) 1 SCC 110 ; 
F 
Kap ii a Hingorani v. State of Bihar 2003 (1) Suppl. 
SCR 175: (2003) 6 SCC 1 ; Olga Tellis & Ors. v. 
Bombay Municipal Corporation 1985 (2) Suppl. 
SCR 51 : (1985) 3 SCC 545- referred to. 
1.2 In the present case, the petitioners in the various G 
writ petitions represent an entire people - the tribal and 
non-tribal population of the State of Assam. In their 
petition, they have raised a plea that the sovereignty and 
integrity of India is itself at stake as a massive influx of 
H 
746 
SUPREME COURT REPORTS 
[2014] 14 S.C.R. 
A illegal migrants from a neighbouring country h~s affected 
this core Constitutional value. Such an influx is "external 
aggression" within the meaning of Article 355 of the 
Constitution of India. As a result of this huge influx, 
periodic clashes have been taking place betWeen the 
B citizens of India and these migrants, resulting into loss 
of life and property, sounding in a violation of Articles 21 
and 29 of the Constitution of the Assamese people as a 
whole. Not only is there an assault on the life of the 
citizenry of the State of Assam but there is an assault on 
C their way of life as well. The culture of an entire people is 
being eroded in such a way that they will ultimately be 
swamped by persons who have no right to continue to 
live
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