Section 6A of the Citizenship Act, 1955

News?

• A Constitution Bench, headed by the Chief Justice of India, is currently assessing the validity of Section 6A of the Citizenship Act, 1955. This review doesn't involve the Assam National Register of Citizens (NRC).

What is Citizenship?

1. Citizenship refers to a person's legal status as a member of a sovereign state, encompassing certain rights and responsibilities.
2. Articles 5 to 11 in Part II of the Constitution of India deal with the aspects of citizenship.
3. Article 11 categorically empowers Parliament with the right to make any provision concerning the acquisition and termination of citizenship and any other matter relating to citizenship.
4. Using the same power, Parliament has enacted the Citizenship Act, 1955 which has been amended six times since its enactment (1986, 1992, 2003, 2005, 2015 and 2019).
5. The 2019 amendment extended citizenship to specific religious groups (Hindu, Sikh, Buddhist, Jain, Parsi and Christian communities) from Afghanistan, Bangladesh and Pakistan if they entered India before December 31, 2014.

What is Section 6A of the Citizenship Act of 1955?

1. Section 6A was enacted as part of the Citizenship (Amendment) Act, 1985, following the Assam Accord (1985).
2. This Accord, signed by 3 parties i.e. the Central Government, the State Government of Assam and the leaders of the Assam Movement, aimed to stop illegal migration from Bangladesh into Assam.
3. The events preceding the Bangladesh liberation war of 1971 had created the issue of large-scale migration in Assam leading to demographic challenges in the State.
4. Introduction of Section 6A mandates the detection and deportation of foreigners who entered Assam after March 25, 1971, marking the creation of Bangladesh.

Provisions under the Section 6A:

Criteria for Immigrants	Date of migration in India	Action as per the Section 6A
Persons of Indian origin	Before 1st January 1966	To be considered as citizens of India
Persons of Indian origin	1st Jan 1966 - 25th Mar 1971	To be detected to be foreigners, but can be provided citizenship after 10 years of residence (subject to certain conditions)
Persons of Indian origin	After 25th March 1971	To be detected as foreigners and deported in accordance with the law

 

Challenges:

1. Constitutional Validity:
   • Contradiction with Article 6: This article states that anyone who migrated to India before 19th July 1949, would automatically become an Indian citizen if either of their parents or grandparents was born in India.
   • Violation of Article 14: This article provides Right to equality which is violated as the provision of Section 6A is applicable only to Assam.
2. Demographic Impact:
   • Critics argue that it legitimizes illegal presence by conferring citizenship to illegal migrants.
   • Also, it can lead to multiplier effect with continued influx of foreigners, impacting Assam's demographics.
3. Cultural Impact:
   • Petitioners claim that the benefits given to cross-border migrants between 1966 and 1971 led to a radical demographic change affecting the cultural identity of Assam.

What is National Register of Citizens (NRC)?

1. NRC is a list that verifies genuine Indian citizens in a specific region, distinguishing them from undocumented immigrants. It's a tool to address illegal immigration concerns.
2. The NRC was published only once in 1951 and since then, it has not been updated until recently.
3. It has been updated in Assam only for now and the government plans to update it nationally as well.
4. The need for updating the NRC gained significance due to extensive illegal migration in Assam, originating from erstwhile East Pakistan and continuing after 1971 from Bangladesh.
5. An updated NRC is likely to put an end to speculations about the actual number of illegal migrants in Assam in particular and the country in general.

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