SC Upholds Constitutional Validity of Section 6A of Citizenship Act for Assam Immigrants

The Supreme Court today upheld the constitutional validity of Section 6A of the Citizenship Act related to the grant of Indian citizenship to immigrants in Assam by a majority verdict of 4:1.

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. Justices Surya Kant, M M Sundresh and Manoj Misra in their majority verdict held that Parliament had the legislative competence to enact the provision.

The section 6A was inserted in 1985 following the Assam Accord. It created a special provision for Assam by which persons of Indian origin who came from Bangladesh before 1st January 1966, were deemed to be citizens of India as of that date. The section also said that, Persons of Indian origin who entered Assam between 1st January 1966, and 25th March 1971, and were required to register themselves. They were granted citizenship only after 10 years of residence. However, Section 6A specified a cut-off date of 25th March, 1971 and said that persons entering after the cutoff date will be termed illegal immigrants. However, certain indigenous groups of Assam have challenged this provision, contending that it legalised illegal infiltration of foreign migrants from Bangladesh.