#constitutional fairness

The Supreme Court ruled that ex parte opinions by Foreigners Tribunals, lacking meaningful adjudication, violate principles of natural justice. The Court set aside such orders and directed fresh hearings with strict procedural safeguards, reinforcing the burden of proof on the state under the Foreigners Act, 1946 and 1964 Order.

The Gauhati High Court ruled that a state’s prolonged, uninterrupted acceptance of an employee’s service-spanning over two decades-creates a legitimate expectation protected under Article 14, making it unconstitutional to later deny pension and salary benefits. This sets a critical precedent for public employees facing retroactive service challenges after decades of state recognition.