Regions & Countries
Citation
(2005) 5 SCC 665
Year Decided
Court
Supporting PDF(s)
Sarbananda Sonowal vs Union of India (2005) 5 SCC 665
Relevant Legislation (Internal Link)
Summary/Remarks
The court struck down the Illegal Migrants (Determination by Tribunals) Act, 1983 as unconstitutional. The Act was identified as a major hurdle to identification of illegal migrants since, inter alia, it put the burden of proof on the prosecution. Article 355 of the Indian Constitution, which requires the Centre to protect every State from external aggression was relied on. It was held that illegal immigration counts as external aggression.