The Supreme Court of India, in a landmark judgment delivered on October 17, upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, by a 4:1 majority. Section 6A, which incorporates the provisions of the Assam Accord, has been a subject of intense legal and political debate.
The ruling was delivered by a five-judge Constitution Bench, headed by Chief Justice of India DY Chandrachud and comprising Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra. Justice Pardiwala dissented, declaring Section 6A unconstitutional, while the majority upheld its validity.
In his judgment, Chief Justice Chandrachud noted that the Assam Accord represented a political resolution to the issue of illegal migration in the region, and Section 6A served as its legislative counterpart. The majority concluded that Parliament had the authority to enact the provision and that it struck a balance between humanitarian concerns and the need to safeguard the interests of Assam’s local population.
The Bench also justified Assam’s distinct treatment under the provision compared to other border states, such as West Bengal. The majority opinion highlighted that Assam faced a higher proportion of immigrants relative to its local population. For instance, while West Bengal had around 57 lakh migrants, Assam’s 40 lakh migrants had a more pronounced impact due to the state’s smaller geographical area and population density.
This ruling has significant implications for Assam and the broader debate on citizenship and migration in India, as Section 6A lays down specific provisions for the detection and deportation of illegal immigrants who entered Assam between 1966 and 1971, distinguishing it from other parts of the country.
Explaining Section 6A Of Citizenship Act
Section 6A of the Citizenship Act, 1955, was introduced in 1985 as part of the Assam Accord, an agreement aimed at addressing the issue of illegal immigration into Assam from Bangladesh. This provision allows individuals of Indian origin, who entered Assam between January 1, 1966, and March 25, 1971, to apply for Indian citizenship under specific conditions.
The Assam Accord was the result of prolonged protests by the people of Assam, led by the Assam movement, who demanded the removal of illegal immigrants that had entered the state from Bangladesh. The cut-off date of March 25, 1971, corresponds to the conclusion of the Bangladesh Liberation War, which led to a significant influx of refugees into India, particularly Assam.
Under Section 6A, individuals who arrived in Assam after January 1, 1966, but before March 25, 1971, would be allowed to apply for citizenship if they had resided in India since their arrival and had registered themselves with the authorities as foreign nationals. However, those who entered the state after March 25, 1971, are considered illegal immigrants and are not eligible for Indian citizenship under this provision.
The ongoing debate surrounding Section 6A reflects broader concerns over citizenship, migration, and the balance between humanitarian considerations and protecting local interests in Assam. The provision remains a focal point of both legal and political contention in the state.
