Supreme Court upholds Section 6A of Citizenship Act, paving way for implementation of Assam Accord

The Supreme Court of India, in a landmark ruling on October 17, 2024, upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, recognizing the Assam Accord. The judgment, delivered by a 5-Judge Constitution Bench, concluded with a 4:1 majority. Chief Justice of India D.Y. Chandrachud, along with Justices Surya Kant, M.M. Sundresh, and Manoj Misra, affirmed that the provision was a necessary legislative response to the issues arising from illegal migration in Assam. Justice J.B. Pardiwala dissented, deeming Section 6A unconstitutional with prospective effect.

In his majority judgment, CJI Chandrachud emphasized that the Assam Accord represented a political solution to illegal migration, while Section 6A offered a legislative framework. The Court determined that Parliament possessed the legislative competence to enact this provision, which was designed to balance humanitarian concerns with the necessity of protecting the local population.

The ruling noted that singling out Assam was rational due to the higher percentage of immigrants in the state compared to its neighbors. CJI Chandrachud explained that the presence of approximately 40 lakh migrants in Assam has a more pronounced impact than the 57 lakh migrants in West Bengal, given Assam’s smaller land area. The Court found that the cut-off date of March 25, 1971, was justified in the context of the Bangladesh Liberation War and did not infringe upon the rights of ethnic groups to protect their linguistic and cultural heritage.

Justice Pardiwala’s dissent focused on the temporal flaws in Section 6A, suggesting that its provisions have become unconstitutional over time. He argued that the detection process for immigrants lacked necessary safeguards and proposed that the legislation was initially designed to placate local concerns rather than solely confer citizenship.

The bench rejected the petitions questioning the constitutional validity of Section 6A. Section 6A of the Citizenship Act grants Indian citizenship benefits to illegal immigrants – mostly from Bangladesh, who entered Assam between January 1, 1966, and March 25, 1971.

The provision was incorporated in 1985 following the signing of the Assam Accord between the Rajiv Gandhi government at the Centre and the All Assam Students’ Union (AASU). It says those who came to Assam on or after January 1, 1966, but before March 25, 1971, from specified territories, including Bangladesh, in accordance with the Citizenship Act amended in 1985, and since then are residents of the northeastern state, must register themselves under Section 18 for acquiring Indian citizenship.

As a result, the provision fixes March 25, 1971, as the cut-off date for granting citizenship to migrants, particularly those from Bangladesh, residing in Assam.

The ruling is expected to have significant implications for Assam and its demographics, as it mandates the implementation of previous directives for detecting and deporting illegal migrants. The Supreme Court also called for enhanced monitoring of the statutory processes involved, highlighting the necessity for effective enforcement mechanisms.

AASU reiterates demand to scrap CAA after Supreme Court upholds Section 6A of Citizenship Act

The Supreme Court’s judgment upholding the constitutional validity of Section 6A of the Citizenship Act has reignited demands in Assam for scrapping the Citizenship (Amendment) Act (CAA) 2019, which extends the cut-off date for Indian citizenship to 2014.

The All Assam Students’ Union (AASU), a key force behind the anti-foreigner movement (1979-1985), emphasized that the court’s decision clears the way for implementing the Assam Accord. The accord, signed in 1985, set March 24, 1971, as the cut-off date for detecting illegal migrants. AASU Chief Advisor Samujjal Kumar Bhattacharjya urged the Centre and state government to act, noting that the accord has remained largely unimplemented for nearly 40 years.

AASU has long opposed the CAA, arguing it contradicts the Assam Accord by offering citizenship to non-Muslim migrants until December 2014, based on religious grounds. The Assam Accord, however, called for the detection of all migrants post-1971, regardless of religion. Despite protests in Assam, the government began implementing the CAA ahead of the 2024 Lok Sabha elections, raising tensions once again over the issue of illegal migration. (With inputs from LiveLaw/agencies)

MT