5.
Embedding Violations: Role of the Assam’s High Court
Irrelevant Observations and Lack of Justification in Decisions
The High Court’s reasoning is further undermined by its reliance on irrelevant observations and its
arbitrary dismissal of evidence without adequate explanation. In many cases, the Court’s decisions
hinge on minor formatting errors or trivial details that bear no clear relevance to determining
citizenship. The reasoning often appears as an afterthought, offering no meaningful justification for
the outcome (see §5.2.1).
In two orders, petitioners were declared Indians without any legal reasoning, further highlighting the
lack of justification in decision-making. For instance, in Dinesh Sarkar,520 the Court quashed the FT’s
order without addressing clear discrepancies in his evidence or explaining why his wife was granted
citizenship. The decision rested primarily on counsel’s submissions, with no requirement for proof or
rationale provided for the conclusion. Similarly, in Subhash and Aroti Bhowmik,521 the Court ruled in
their favour without referencing any evidence to substantiate their claim, leaving its reasoning entirely
opaque.
Extraneous and potentially biased considerations also appear to shape decisions. In Jiria
Chouhan,522 Justice Ujjal Bhuyan remarked that certain individuals, by virtue of their surname, should
not be suspected as illegal migrants—invoking non-legal factors in what should have been a strictly
evidence-based determination. Such observations introduce subjective and potentially discriminatory
elements into judicial reasoning, further eroding confidence in the fairness and integrity of citizenship
adjudication.
Conclusion
The Gauhati High Court’s inconsistent, ad hoc, and opaque approach to evidence in citizenship
cases has created an environment in which judicial decisions appear arbitrary, unprincipled, and
detached from any coherent legal framework. The Court’s failure to articulate clear standards for
evaluating discrepancies in names, ages, or other personal details leaves litigants without meaningful
guidance on how to meet evidentiary requirements. This unpredictability not only undermines
the credibility of individual judgments but also erodes trust in the judicial process itself, fuelling
perceptions that outcomes are shaped as much by discretion—or bias—as by law.
Moreover, the Court’s reliance on irrelevant observations, its dismissal of material evidence without
adequate justification, and its inconsistent choice between remedies such as quashment and remand
reveal a deeper structural problem: the absence of a principled and rigorous method for adjudicating
citizenship claims. Decisions that invoke extralegal considerations, or hinge on minor procedural
or clerical details, compound this concern, signalling a departure from constitutional guarantees of
equality and due process.
520
521
522
Dinesh Sarkar and Ors. v. Union of India WP(C) 1644/2013 (Gauhati High Court, 21 January 2014).
Arati Bhowmik (n 504); Subhash Bhowmik (n 504).
Jiria Chauhan @ Jhiria Chawhan v. Union of India WP(C) 3184/2017 (Gauhati High Court, 24 July 2017).
159
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