2.
Institutionalised Arbitrariness
The institutional structure of the Foreigners
Tribunals violates both the Indian Constitution
and India’s binding international human
36
rights obligations. Citizenship adjudication
engages constitutionally significant questions
with profound consequences, including the
risk of statelessness. Such determinations
require bodies that are legally constituted,
independent, impartial, and composed of
competent legal officers. The FT system
fails on all these counts: it lacks a secure
legal foundation, is vulnerable to executive
interference, and is staffed by inadequately
qualified adjudicators. It thus stands in stark
violation of the rule of law and the right to an
effective remedy under both domestic and
international law.
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