In a landmark ruling, the Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act, which grants Indian citizenship to immigrants who entered Assam between January 1, 1966, and March 25, 1971. This provision, introduced as part of the 1985 Assam Accord, addresses the complex issue of citizenship for those who migrated from Bangladesh during that period. A five-judge Constitution bench, headed by Chief Justice DY Chandrachud, delivered the majority verdict.
The Chief Justice, writing for himself, emphasized that Assam’s unique geographic and demographic challenges make the influx of migrants more significant than in other states. He also noted the elaborate process involved in identifying foreigners within Assam. Justice Surya Kant, along with Justices M M Sundresh and Manoj Misra, concurred with the Chief Justice, affirming that Parliament had the authority to enact Section 6A. They also upheld the Accord’s cut-off date of March 25, 1971, for granting citizenship, dismissing concerns about ethnic diversity as a basis for violating Article 29(1) of the Constitution, which protects the rights of minorities.
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However, Justice J B Pardiwala dissented, declaring Section 6A unconstitutional. Despite this, the bench, in its majority ruling, rejected petitions challenging the provision, solidifying the March 25, 1971, cut-off for citizenship.
Section 6A, introduced after the Assam Accord, allows those who arrived in Assam from Bangladesh between 1966 and 1971 to apply for Indian citizenship by registering under Section 18 of the Citizenship Act. This ruling affirms the continued relevance of the Assam Accord in resolving the state’s long-standing immigration issues.
