Supreme Court Verdict on Section 6A
- On October 17, the Supreme Court upheld Section 6A of the Citizenship Act, 1955, which grants citizenship to immigrants who entered Assam before March 24, 1971.
- The decision was made by a five-judge Bench led by Chief Justice DY Chandrachud, with a 4-1 majority; Justice JB Pardiwala dissented.
Background: Assam Accord and Introduction of Section 6A
- Section 6A was added to the Citizenship Act in 1985 following the Assam Accord, signed between the government and the All Assam Students’ Union (AASU).
- The Accord was a response to Assam’s agitation against immigrants from Bangladesh, lasting six years.
- Clause 5 of the Accord set January 1, 1966, as the cut-off for identifying “foreigners” but allowed regularization for those arriving before March 24, 1971.
What Section 6A Provides?
- Those of Indian origin who entered Assam before January 1, 1966, and stayed since are deemed Indian citizens.
- People arriving between January 1, 1966, and March 24, 1971, must register under Central rules. They receive citizenship rights but cannot vote for ten years.
- Immigrants entering after March 24, 1971, are considered
Why Section 6A was Challenged?
- Petitioners argued Section 6A is discriminatory, as Assam’s cut-off date differs from India’s standard date (July 1948), violating Article 14 (right to equality).
- They claimed Section 6A undermines indigenous rights and changes Assam’s demographics, affecting its culture, economy, and politics.
Defense of Section 6A
- The Centre argued that Article 11 grants Parliament the power to create specific citizenship laws without infringing equality rights.
- Others contended that repealing Section 6A would render many residents stateless, impacting Assam’s diverse social fabric.
Impact on the National Register of Citizens (NRC)
- The dates in Section 6A form the basis for Assam’s NRC of 2019.
- The petitioners requested a cut-off date of 1951; however, the Supreme Court’s decision maintains the existing framework, which has been unresolved for the past five years
The ruling solidifies the legal framework for Assam’s National Register of Citizens, preserving the cut-off date for citizenship determination. It also highlights the ongoing debate over balancing immigration, indigenous rights, and national integration.
