New Delhi: The Supreme Court confirmed the constitutionality of Section 6A of the Citizenship Act on October 17, which provides citizenship to immigrants in Assam. The constitutional validity of the section was upheld by a majority of 4:1, as determined by the five-judge bench headed by CJI DY Chandrachud.
Supreme Court Uphelds Assam Accord
CJI Chandrachud, along with Justices Surya Kant, MM Sundresh, and Manoj Misra agreed on the legality of Section 6A of the Citizenship Act. The bench was considering 17 petitions that challenged the constitutional validity of Section 6A added to the Citizenship Act.
Court’s Statement
The court stated that the Assam Accord was a political resolution for the issue of illegal migration. It also affirmed that the March 25, 1971 cut-off date for entry and citizenship in Assam is accurate.
According to news agency PTI, Justice JB Pardiwala disagreed with the majority verdict and declared Section 6A as unconstitutional. A special provision, known as Section 6A, was added to the Citizenship Act specifically to address the citizenship of individuals mentioned in the Assam Accord.
The majority also concluded that it was reasonable to single out Assam from other states with a larger border with West Bengal due to a higher percentage of immigrants in the local population of Assam compared to other border states. The presence of 40 lakh migrants in Assam has a more significant effect than the 57 lakh migrants in West Bengal due to the smaller land area of Assam in comparison to West Bengal.
The majority of people also agreed that the March 25, 1971 deadline was justified because it marked the conclusion of the Bangladesh liberation war. The purpose of the provision should be understood in relation to the Bangladesh war. Most people believed that Section 6A was not excessively broad or excessively narrow.
CJI Chandrachud stated in his ruling that having diverse ethnic groups in a State does not automatically violate the fundamental right to safeguard linguistic and cultural heritage under Article 29(1) of the Constitution. The petitioners must demonstrate that one ethnic group is incapable of safeguarding their language and culture solely due to the existence of another ethnic group.
What Is The Assam Accord?
According to the section, individuals who arrived in Assam between January 1, 1966, and March 25, 1971, from designated regions such as Bangladesh, under the modified Citizenship Act of 1985, and have been living in the northeastern state ever since, are required to enroll for Indian citizenship under Section 18.
