New Delhi: The 5-judge Constitution Bench of the Supreme Court on Thursday (October 17) upheld the constitutional validity of Section 6A of the Citizenship Act 1955, which recognizes the Assam Accord. While four judges, including Chief Justice of India DY Chandrachud, Justices Surya Kant, MM Sundresh and Manoj Misra supported the verdict, JB Pardiwala dissented, holding Section 6A as unconstitutional.
The Section 6A of the Citizenship Act grants citizenship benefits to illegal immigrants – mostly from Bangladesh, who entered Assam between January 1, 1966, and March 25, 1971.
The bench observed that the Assam Accord was a political solution to the problem of illegal migration and Section 6A was the legislative solution.
The majority of the bench held that the Parliament had the legislative competence to enact the provision. They also observed that Section 6A was enacted to balance the humanitarian concerns with the need to protect the local population, reported the LiveLaw.
According to the majority of the bench, singling out of Assam from other states in this matter was rational as it shared a larger border with Bangladesh and the percentage of immigrants among the local population in Assam was higher than in other bordering states.
They observed that the impact of 40 lakh migrants in Assam is greater than the 57 lakh migrants in Bengal as Assam’s area is lesser than Bengal.
The majority also held that the cut-off date of March 25,1971 was rational. This is because this is the date when the Bangladesh liberation war ended.
Here’s what the verdict on Section 6A states:
- Immigrants who entered Assam before the date of January 1, 1966, are deemed to be Indian citizens.
- Immigrants who entered Assam between the dates January 1, 1966, and March 25, 1971, are entitled to seek Indian citizenship provided they fulfil the eligibility criteria.
- Immigrants who entered Assam on or after March 25, 1971, are declared to be illegal immigrants and are liable to be detected, detained and deported.
Know more about Section 6A and Assam Accord
Section 6A of the Citizenship Act 1955 allows foreign migrants of Indian origin, who came to Assam after the January 1, 1966 but before the March 25, 1971 (the date when Bangladesh liberation war ended), to seek Indian citizenship. This provision was inserted in the Act in 1985 following the Assam Accord.
The Assam Accord is an agreement entered into between the Government of India and the leaders of the Assam movement who had protested the removal of illegal migrants who entered Assam from Bangladesh.
Some indigenous groups of Assam had challenged this provision in the Supreme Court, contending that it legalised illegal infiltration from Bangladesh.
