5.
Embedding Violations: Role of the Assam’s High Court
The Gauhati High Court’s adjudication in
citizenship cases is marked by inconsistency,
internal contradiction, and the absence of
clear legal standards. The Court’s shifting,
selective, and opaque reasoning has failed
to provide meaningful guidance to Foreigners
Tribunals, officials, or litigants, enabling
arbitrary decision-making and eroding
procedural safeguards. By undermining
principles of due process, natural justice,
and transparency, the Court has contributed
to a legal environment in which citizenship
determinations are arbitrary and risk violating
constitutional rights and India’s international
human rights obligations.
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