Supreme Court of India on Thursday, upheld the constitutional validity of Section 6A of the Citizenship Act, a provision that grants citizenship to certain immigrants in Assam. The ruling came from a five-judge bench led by Chief Justice DY Chandrachud, which supported the provision with a 4:1 majority.
The bench’s decision aligned with the Assam Accord, a political framework designed to address the challenges of illegal immigration into the state. Justices Surya Kant, MM Sundresh, and Manoj Misra joined Chief Justice Chandrachud in affirming the validity of Section 6A, responding to 17 petitions that had contested its constitutionality. The bench underscored that the Assam Accord provided a vital political solution to the complex issues surrounding undocumented migration.
Illegal immigration
The court also confirmed that March 25, 1971, the day marking the onset of mass migration to Assam during the Bangladesh Liberation War, remains the appropriate cut-off date for determining citizenship eligibility under the provision.
Previously, the Supreme Court had directed the central government to provide data on the number of immigrants granted citizenship under Section 6A(2) and to report on the steps taken to curb illegal immigration into India.
Between 2017 and 2022, an affidavit submitted to the court indicated that 14,346 foreign nationals had been deported from India. Meanwhile, 17,861 people who had entered Assam between January 1966 and March 1971 were granted Indian citizenship under Section 6A. Additionally, the affidavit noted that 32,381 individuals had been classified as foreigners by Foreigners Tribunals during this period.
Section 6A and Assam Accord
The legal examination of citizenship issues in Assam began on December 17, 2014, when the matter was referred to a five-judge Constitution bench. The Supreme Court officially constituted the bench on April 19, 2017, to handle the case. Historically, the National Register of Citizens (NRC) originated from the 1951 national census and evolved over time, aiming to identify illegal immigrants, particularly those who migrated to Assam after March 25, 1971, from Bangladesh.
Section 6A played a crucial role in the Assam Accord, providing a framework to regularize the status of immigrants in the state based on their arrival dates.
Section 6A applies to immigrants who arrived in Assam from specific territories, including Bangladesh, between January 1, 1966, and March 25, 1971, and have been residing there since. These individuals are required to apply for citizenship. The March 25, 1971 cut-off date continues to be the basis for determining the eligibility of Bangladeshi migrants in Assam for citizenship.
Section 6A criticism
Citizenship issues in Assam came to a head with the publication of the final draft of the NRC on July 30, 2018, which excluded nearly 40.07 lakh applicants from the citizens’ list. The Supreme Court later clarified that the draft could not be used as a basis for immediate action.
Criticism of Section 6A surfaced as early as 2012, with groups like the Assam Sanmilita Mahasangha and other civil organizations arguing that the provision was discriminatory and arbitrary. They claimed the different cut-off dates for Assamese migrants compared to those in the rest of India were unjust.
The issue of immigration in Assam traces its roots to the Bangladesh Liberation War, which triggered a large influx of refugees into the region. A 1972 treaty between India and Bangladesh aimed to address the consequences of this migration, influencing the ongoing discourse on citizenship and national identity in India.
The Supreme Court’s recent ruling reaffirms the legitimacy of Section 6A, recognizing it as an essential humanitarian measure in managing the citizenship of immigrants in Assam.
Read More: ‘Temporarily Flawed’: Justice Pardiwala’s Dissent as SC Upholds Section 6A of Citizenship Act
