Constitution of India-Articles 14, 21 and 355-Foreigners Act, 1946- Citizenship Act, 1955-Illegal Migrants (Determination by Tribunals) Act, 1983 & Rules of 1984-Foreigners (Tribunals) Order, 1964-Foreigners (Tribunal) Amendment Order, 2006-Supreme Court earlier struck down 1983 Act as unconstitutional and directed transfer of cases pending in Tribunals under the Act to the Tribunals constituted under 1964 Order-2006 Amendment Order introduced to amend 1964 Order making it inapplicable to State of Assam-Writ Petitions challenging the validity of the 2006 Amendment Order before Supreme Court-Central Government justifying the amendment contending that all complaints now would be compulsorily referred to Tribunal without making preliminary enquiry Correctness of Held, 2006 Amendment Order is violative of Articles 14 and 355 of the Constitution-Amendment Order is a subordinate legislation and hence it cannot violate a Central Act and nullify the directions of this Court by making 1964 Order inapplicable to the State-amendment Order does not debar authorities to make preliminary inquiry of a complaint before reference to the Tribunal-No facts/reasons given justifying the amendment, hence Amendment Order struck down.

Petitioner filed a Writ Petition before this Court against Union of India and others for declaring some of the provisions of the Illegal Migrants (Determination by Tribunals) Act, 1983 as constitutional, null and void and a consequent declaration that the Foreigners Act, 1946 and the Rules made thereunder would apply to the State of Assam. This Court in, Sarbananda Sonowal v. Union of India & Ors., [2005] 5 SCC 665, allowed the Writ Petition and struck down the provisions of the 1983 Act as being unconstitutional. This Court directed that the Tribunals and Appellate Tribunals constituted under the Act shall cease to function; and that all cases pending before the Tribunals under the Act shall stand transferred to the Tribunals constituted under the Foreigners (Tribunals) Order, 1964 and shall be decided in the manner provided thereunder. This Court held that the illegal migrants coming into the State of Assam cannot be treated differently from those who migrated to other parts of the country having regard to the provisions of he Citizenship Act, 1955 and the 1964 Order.

The Central Government amended the provisions of the 1964 Order by bringing Foreigners (Tribunal) Amendment Order; 2006 making the 1964 Order inapplicable to the State of Assam.

The petitioner, in the present Writ Petitions, contended that the Central Government, by way of a subordinate legislation by bringing the Amendment Order; 2006, sought to nullify the directions of this Court in its earlier decision to get all pending cases relating to alleged immigrants decided by the Tribunal under the 1964 Order; and that the respondent, instead of obeying the mandamus of this Court, given in the interests of national security and to preserve demographic balance and implementing the 1964 Order in Assam, chose to make the 1964. Order inapplicable to the State.

A The respondents contended that the provisions of the 2006 Order had been brought into existence only with a view to given effect to the directions of this Court; that the amendment was made to the 1964 Order on the apprehensions of trouble/victimization of genuine citizens at the hands of the specified authorities in the name of detection and deportation of foreigners was expressed; that such a provision had to be brought in due to higher, degree of incursion of illegal migrants into Assam when compared to other States; that, under the 2006 Order, the Central Government should compulsorily refer a matter to the Tribunal which was earlier not mandatory under the 1964 Order; that the burden of proof under the 1946 Act is not diluted; that the provisions of Article 21 of the Constitution being applicable to a person who had already set his feet in India, he would be entitled to claim compliance of the principles of natural justice which may not be necessary in respect of a person who has yet to enter the Indian territory.

Allowing the Writ Petitions, the Court.