Glossary
9
Gauhati High Court
Assam’s top constitutional court, which hears appeals against FT decisions.
Gaon Burah Certificate
A certificate issued by the local village headman (known colloquially as Burah) in parts
of Assam and Northeast India. It certifies birth, residence, or family lineage, often used
in Foreigners Tribunal cases to support claims of Indian citizenship.
Gaon Panchayat Certificate
A certificate issued by the Village Panchayat Secretary of the village that the defendant
is residing or born in. It certifies birth, residence, or family lineage, often used in
Foreigners Tribunal cases to support claims of Indian citizenship.
Inquiry Authority/
Inquiries are conducted by both Border Police officials (for Reference cases) and
Investigating Authority
Election Commission of India officials (for D-voter cases). The Inquiring Authority
is required to conduct a fair and thorough investigation when there is a reasonable
suspicion regarding a person’s citizenship status. This suspicion must be based on
materials gathered from or relating to the individual.
Referral Authorities
Superintendent of Police (Border).
Remand
When higher courts (in this case the Gauhati High Court) send cases back to lower
courts (in this case the FTs) for further action.
Reverse burden
A legal rule which places the responsibility of proving innocence on the accused in
certain cases, as opposed to the norm where the State is required to prove guilt.
Sarbananda Sonowal v. Union
Key Supreme Court cases that have shaped Assam’s citizenship laws and FT powers.
of India (2005) and Sarbananda
Sonowal (II) v. Union of India
(2006) (Sonowal I/II)
Statelessness
A condition where a person is not recognised as a citizen by any country.
Writ Petition
A legal remedy filed under Articles 226 or 32 of the Indian Constitution, asking a higher
court to intervene against actions that violate fundamental rights.
Written Statement
The written defence submitted by a defendant, addressing the claims or allegations
brought by the plaintiff. It presents the defendant’s version of events.
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