New Delhi/Chandigarh, October 17, 2024: In a landmark ruling, the Supreme Court has upheld the constitutional validity of Section 6A of the Citizenship Act, which grants Indian citizenship to certain illegal immigrants in Assam. The decision was delivered by a five-judge constitutional bench led by Chief Justice DY Chandrachud, with four judges supporting the decision and Justice JB Pardiwala dissenting.
Section 6A was introduced following the Assam Accord in 1985, allowing Bangladeshi immigrants who arrived in Assam between January 1, 1966, and March 25, 1971, to register as Indian citizens. However, those arriving after March 25, 1971, are not eligible for citizenship.
The bench stated that the Assam Accord was a political solution to address the issue of illegal migration and agreed that March 25, 1971, is the appropriate cutoff date for granting citizenship in Assam. The court also clarified that the presence of diverse ethnic groups in the state does not violate the constitutional protections under Article 29(1), which ensures the rights of cultural and linguistic minorities.
Section 6A of the Citizenship Act is a unique provision that was added to address a specific issue in Assam regarding illegal immigration from Bangladesh. This section was introduced following the Assam Accord of 1985, which was an agreement between the Indian government and the leaders of the Assam Movement. The Assam Movement was a six-year-long agitation (1979-1985) against illegal immigration, which was a major political and social issue in Assam.
Key Points of Section 6A of the Citizenship Act:
- Special Provisions for Assam: Section 6A is distinct because it applies exclusively to the state of Assam, reflecting the region’s unique history of migration from Bangladesh (formerly East Pakistan).
- Two Groups of Immigrants: Section 6A creates a cutoff date for determining citizenship for immigrants from Bangladesh. It divides the immigrants into two main groups:
- Immigrants who entered Assam before January 1, 1966: These immigrants are deemed to be citizens of India automatically, with no further requirements.
- Immigrants who entered Assam between January 1, 1966, and March 25, 1971: These individuals were not automatically granted citizenship. However, they were allowed to apply for registration as Indian citizens after residing in Assam for 10 years since their detection. They were required to register themselves and their names were temporarily removed from the electoral rolls during this period.
- Immigrants arriving after March 25, 1971: According to Section 6A, any person who entered Assam after this date is considered a foreigner and is not eligible for Indian citizenship.
- Assam Accord: The Assam Accord, signed in 1985, was the result of the Assam Agitation, which aimed to address the issue of large-scale illegal immigration from Bangladesh. Section 6A was inserted into the Citizenship Act to implement one of the key terms of the Assam Accord. The Accord established March 25, 1971, as the cutoff date for determining citizenship, aligning with the end of the Bangladesh Liberation War.
- Cultural and Political Sensitivity: Section 6A was intended to be a political compromise. It sought to strike a balance between the demands of Assamese nationalists (who wanted the expulsion of all post-1951 immigrants) and the humanitarian concerns regarding refugees who had fled the 1971 Bangladesh War. However, it has remained controversial because of its potential implications on Assam’s demography and political landscape.
Legal Challenges and Controversies:
Section 6A has faced several legal challenges, particularly from groups in Assam who argue that it violates the Indian Constitution by treating Assam differently from the rest of the country. Critics say that it allows illegal immigrants to remain in Assam, which could alter the state’s cultural and ethnic makeup. There have been demands for its repeal or modification.
Supreme Court’s Role:
The Supreme Court has been involved in reviewing the constitutionality of Section 6A, as seen in the recent 2024 ruling. The court upheld its validity, with a majority of judges agreeing that the March 25, 1971, cutoff date for citizenship was appropriate under the Assam Accord. However, the case highlights the tensions between regional identity, national security, and humanitarian concerns.
Connection to NRC and CAA:
Section 6A is related to other contentious issues like the National Register of Citizens (NRC) and the Citizenship Amendment Act (CAA):
- NRC: Assam conducted an NRC to identify illegal immigrants. Section 6A’s provisions were used as the basis for determining who should be included in the NRC.
- CAA: The Citizenship Amendment Act (2019), which offers a pathway to citizenship for non-Muslim immigrants from neighboring countries (including Bangladesh), has created further debate, particularly in Assam, where Section 6A governs local citizenship laws.
Broader Implications:
The decision to uphold Section 6A reaffirms the legal framework established by the Assam Accord, continuing to shape the citizenship laws in Assam differently from the rest of India. However, it also raises ongoing questions about the treatment of immigrants, national integration, and the protection of Assamese identity.
