Supreme Court Upholds Assam Accord: Section 6A of Citizenship Act Remains Valid
In a key ruling, the Supreme Court on Thursday upheld the constitutional validity of Section 6A of the Citizenship Act. This provision grants Indian citizenship to immigrants who came to Assam between January 1, 1966, and March 25, 1971. A five-judge Constitution bench, led by Chief Justice DY Chandrachud, ruled that the Assam Accord was a political solution to the state’s illegal migration problem.
Section 6A was introduced as a special measure under the Citizenship Act to address citizenship issues for people falling under the Assam Accord. Writing for the majority, Chief Justice Chandrachud supported the validity of the provision, noting that the number of migrants in Assam was significantly higher compared to other states due to its smaller geographical size. The process of identifying foreigners, he added, is lengthy.
Justice Surya Kant, representing himself and Justices M M Sundresh and Manoj Misra, agreed with the CJI’s conclusion. They maintained that Parliament had the authority to create such legislation. The majority verdict confirmed that the cut-off date of March 25, 1971, for granting citizenship in Assam, was correct. It further clarified that the presence of diverse ethnic groups does not violate Article 29(1) of the Constitution, which protects cultural and educational rights.
However, Justice J B Pardiwala dissented, declaring Section 6A unconstitutional. The bench, overall, dismissed petitions challenging the provision’s validity.
Section 6A was included in the Citizenship Act after the 1985 Assam Accord between the Indian government, led by Rajiv Gandhi, and the All Assam Students’ Union (AASU). The provision states that immigrants from specific territories, including Bangladesh, who entered Assam during the specified period, must register under Section 18 to acquire Indian citizenship. This sets March 25, 1971, as the deadline for granting citizenship to such migrants.
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