In a significant ruling, the Constitution Bench of the Supreme Court, led by Chief Justice of India (CJI) DY Chandrachud, affirmed the constitutional validity of Section 6A of the Citizenship Act. The decision was reached with a 4:1 majority, with Justice JB Pardiwala dissenting from the ruling.
Understanding Section 6A
Section 6A, introduced into the Citizenship Act of 1955, is a special provision that stems from the “Assam Accord,” a memorandum of settlement signed on August 15, 1985, by the then Rajiv Gandhi government and representatives of the Assam Movement. This provision was aimed at addressing the unique challenges posed by the influx of migrants in Assam following the Indo-Pakistan War in 1971.
Justice Pardiwala, while reading the verdict, emphasized the implications for immigrants: “Upon being detected as foreigners, immigrants can register themselves as Indian citizens. Upon registration, they would have the same rights and obligations as a citizen of India but would not be entitled to be included in any electoral roll for 10 years.”
The Context of Migration in Assam
CJI Chandrachud highlighted the gravity of the migration issue in Assam, noting that the state has witnessed an influx of approximately 4 million migrants, a number significantly higher than in other states due to Assam’s smaller land area.
The Assam Movement: A Historical Perspective
The Assam Movement, often referred to as the anti-foreigners’ agitation, was a widespread social uprising in Assam aimed at identifying, disenfranchising, and deporting illegal migrants. This movement, primarily led by the All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP), spanned six years from 1979 to 1985, marked by sustained civil disobedience, political unrest, and ethnic violence. The movement culminated in the signing of the Assam Accord in 1985, paving the way for the enactment of Section 6A in the Citizenship Act.