In a landmark ruling on October 17, 2024, the Supreme Court of India upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, by a 4:1 majority. This provision grants citizenship to immigrants who entered Assam before March 25, 1971, as part of the Assam Accord, which aimed to address the challenges posed by illegal migration from Bangladesh.
The five-judge Constitution Bench, led by Chief Justice DY Chandrachud and comprising Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra, delivered the verdict after hearing a petition challenging the provision’s legality. Justice Pardiwala dissented, arguing against the section’s constitutionality.
Key Highlights of the Judgment
Legislative Competence: The court affirmed that Parliament has the authority to legislate on citizenship matters under Article 11 of the Constitution. The majority opinion emphasized that Section 6A was enacted as a legislative remedy to a political solution—the Assam Accord—addressing the historical context of migration in Assam.
Rational Basis for Cut-off Date: The court upheld March 25, 1971, as a rational cut-off date for citizenship eligibility. This date marks the end of the Bangladesh Liberation War and reflects significant historical circumstances affecting migration patterns in Assam.
Impact on Local Demographics: The ruling noted that while West Bengal has a higher total number of migrants (approximately 57 lakh), the impact on Assam is more pronounced due to its smaller land area and higher percentage of immigrants relative to its population. The court stated that the presence of around 40 lakh migrants significantly affects Assam’s socio-economic landscape.
Fraternity and Cultural Rights: The court rejected arguments that Section 6A violates the principle of fraternity enshrined in the Constitution. It asserted that fraternity encourages intermingling among diverse groups and does not infringe upon the cultural rights of local populations. The judgment noted that mere ethnic diversity does not equate to a threat against cultural identity.
Future Implications: This ruling is expected to have substantial implications for the ongoing National Register of Citizens (NRC) process in Assam. The court directed the Ministry of Home Affairs to provide detailed data on illegal immigration post-March 25, 1971, and on citizenship grants during various periods.
Background Context
Section 6A was introduced following the Assam Accord signed in 1985 between various stakeholders, including student organizations and the government. It allows individuals who entered Assam before January 1, 1966, to apply for Indian citizenship while imposing certain restrictions on those who entered between January 1, 1966, and March 25, 1971.
The petitioners challenging this provision argued that it discriminates against indigenous Assamese people by undermining their cultural integrity and rights under Article 29(1) of the Constitution. However, the court maintained that such claims require substantial evidence demonstrating an inability to protect linguistic and cultural heritage due to immigration.
The Supreme Court’s ruling reaffirms Parliament’s legislative authority over citizenship issues while balancing humanitarian concerns with local demographic needs. As India navigates complex immigration challenges, this decision will likely shape future policies regarding citizenship and migration in Assam and beyond.
