| Article 6: Grants Indian citizenship to those who migrated from Pakistan before July 19, 1948, and to those who migrated later but registered after living in India for six months. Article 7: Allows individuals who migrated to Pakistan but later returned to India under special conditions to regain Indian citizenship. |
- A Constitution Bench of the Supreme Court, in a 4:1 majority judgment, upheld the constitutionality of Section 6A of the Citizenship Act, 1955, which allows immigrants from Bangladesh residing in Assam to secure Indian citizenship.
- The court ruled that the provision aligns with the preambular value of fraternity, emphasizing that fraternity should apply to all people in Assam without selectively labelling some as “illegal immigrants.
- Section 6A origins: Stemming from the Assam Accord of 1985.
- It provides citizenship to immigrants who entered Assam from Bangladesh before January 1, 1966.
- Those entering between January 1, 1966, and March 25, 1971, can secure citizenship through specific procedures.
- Entry after March 25, 1971, bars citizenship.
- Fraternity principle: SC emphasized the need for inclusive living, prioritizing the prevention of mass disenfranchisement in line with fraternity principles.
- The court acknowledged the burden of incessant migration on Assam but attributed the problem to government failure in detecting and deporting post-1971 immigrants, not Section 6A itself.
- The statutory machinery and Tribunals tasked with identifying illegal immigrants in Assam were found inadequate to implement the legislative objective of Section 6A effectively.
- The Chief Justice of India supported the majority, stating that Section 6A reflects Parliament’s attempt to balance humanitarian concerns with the economic and cultural impact on Assam.
- CJI found the cut-off date of March 25, 1971, reasonable, as immigrants before this date were victims of partition, while later entrants were refugees of the Bangladesh War.
- The court dismissed claims that the provision violates Article 29(1) of the Constitution, which protects cultural and linguistic rights, noting that Section 6A does not impede the Assamese people’s ability to safeguard their culture.
Dig Deeper: Read important provisions of the Citizenship Amendment Act, 2019
