SC upholds validity of Section 6A of Citizenship Act which grants citizenship to immigrants in Assam

New Delhi: In a majority verdict, the Supreme Court on Thursday upheld the constitutional validity of Section 6A of the Citizenship Act which grants Indian citizenship to immigrants who came to Assam between January 1, 1966 and March 25, 1971.

A five-judge Constitution bench headed by Chief Justice DY Chandrachud said the Assam Accord was a political solution to the problem of illegal migration.

Section 6A was inserted into the Citizenship Act as a special provision to deal with the citizenship of people covered under the Assam Accord.

The CJI, writing for himself, upheld the validity and said the magnitude of influx of migrants in Assam is higher as compared to other states considering the smaller land size and the detection of foreigner is an elaborate process. Besides, Justice Surya Kant, who wrote for himself and Justices M M Sundresh and Manoj Misra, concurred with the CJI and held that Parliament had the legislative competence to enact such a provision.

The majority verdict held that cut off date of March 25, 1971 for entry into Assam and granting citizenship is correct.

Mere presence of different ethnic groups in a state does not mean infringement of Article 29(1), it added. Justice J B Pardiwala, however, dissented and held Section 6A as unconstitutional.

The bench rejected the petitions questioning the constitutional validity of Section 6A.

Section 6A of the Citizenship Act grants Indian citizenship benefits to illegal immigrants – mostly from Bangladesh, who entered Assam between January 1, 1966, and March 25, 1971.

The provision was incorporated in 1985 following the signing of the Assam Accord between the Rajiv Gandhi government at the Centre and the All Assam Students’ Union (AASU).

It says those who came to Assam on or after January 1, 1966, but before March 25, 1971, from specified territories, including Bangladesh, in accordance with the Citizenship Act amended in 1985, and since then are residents of the northeastern state, must register themselves under Section 18 for acquiring Indian citizenship.

As a result, the provision fixes March 25, 1971, as the cut-off date for granting citizenship to migrants, particularly those from Bangladesh, residing in Assam.