Supreme Court upholds Section 6A of Citizenship Act as valid law

1. In the 1980s, Assam faced significant unrest over illegal immigration, mainly from Bangladesh.
2. This migration began before the Bangladesh Liberation War in 1971 and continued after, causing social and economic challenges in the region.
3. The All Assam Students Union (AASU) became a key voice against this immigration, demanding government action to protect the culture and identity of the Assamese people.

Key Factors Leading to the Accord:

1. The AASU organized widespread protests, strikes, and civil disobedience against illegal immigrants.
2. This movement gained strong public support, reflecting concerns about jobs, resources, and cultural identity.
3. The protests led to violent incidents, forcing the government to intervene.
4. The Indian National Congress, led by Prime Minister Rajiv Gandhi, recognized the need to find a solution to stabilize the situation in Assam.
5. Rajiv Gandhi’s government understood the urgency of addressing these issues to maintain peace in the northeastern region.
6. Negotiations: In 1985, discussions began between the government and representatives of AASU and the All Assam Gana Sangram Parishad (AAGSP), another student-led group.
7. The goal was to reach an agreement on the status of illegal immigrants and how to protect the rights of Assamese citizens.

Signing of the Assam Accord:

1. The Assam Accord was signed on August 15, 1985, during a ceremony on India’s Independence Day.
2. The accord defined some aspects of citizenship based on dates of migration:
   1. Before January 1, 1966: All Indians who migrated to Assam were declared Indian citizens.
   2. Between January 1, 1966, and March 25, 1971: Citizenship can be granted to the people after 10 years of residence in Assam.
   3. After March 25, 1971: All these people were declared illegal migrants and were liable to detection and deportation.

What is Section 6A?

1. The Citizenship Act, 1955, saw Section 6A introduced through the Citizenship (Amendment) Act, of 1985.
2. It follows the Assam Accord, signed on August 15, 1985, and mainly addresses the citizenship of those who migrated from Bangladesh to Assam in a rare and disturbed phase following the Bangladesh Liberation War and demographic distortions.

When	December 1985
Purpose	To address the citizenship status of people who migrated from Bangladesh to Assam after the Bangladesh Liberation War
How it works	Grants citizenship to some migrants, and provides legal processes for others
Who it applies to	All persons of Indian origin (PIO) who entered Assam before January 1, 1966 and have been Ordinary Resident of India (ORI) will be deemed Indian citizens. Those who came after 1 January, 1966 but before March 25, 1971, and have been Ordinary Resident of India (ORI) will get citizenship at the expiry of 10 years from their detection as a foreigner. During this interim period, they will not have the right to vote but can get an Indian passport.

Legal Challenge to Section 6A:

1. 2012 Petition: The Assam Sanmilita Mahasangha, a civil society group, filed a writ petition challenging the constitutional validity of Section 6A.
2. Mahasangha argues that the cut-off year for Assam should be 1951 instead of 1971),
3. The case was referred to a Constitution Bench in 2014, to examine whether Section 6A is constitutional though it prescribes a different cut-off date for Assam (1971) from the one prescribed in the Constitution for the rest of the country (1948).

Arguments against section 6A:

1. The petition argued that the Section 6A is in violation of Article 6 of indigenous citizens and created an unequal citizenship framework.

Article 6 of the constitution speaks about the Citizenship of those individuals who migrated from Pakistan to India at the time of partition between India and Pakistan. There was a cut off date of the partition which was 19 July 1948. Article 6 say that a citizen migrated from pakistan to the the territory of India will deems to be the citizen of India; if a person comply the below two conditions: If the person himself or his parents or his grandparents whether paternal or maternal are born in India as per the government of India act,1935. If the person migrated before 19th July,1948, OR If the person fulfils the above condition on or before 19th July 1948 by applying within 6 months before the commencement of Indian constitution that is on 26th Jan 1950.

Supreme Court's Section 6A Verdict and Its Implications for Assam:

1. On October 17 2024, In a landmark verdict, the Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which granted citizenship to immigrants who entered Assam before March 24, 1971.
2. The decision emerged from a long legal battle over the status of migrants from Bangladesh and the rights of indigenous Assamese citizens.

Supreme Court Ruling and Its Implications:

Majority Opinion:

1. Constitutional Validity: Chief Justice D.Y. Chandrachud, along with Justices Surya Kant, M.M. Sundresh, and Manoj Misra, upheld Section 6A, stating it does not violate Articles 6 of the Constitution.
2. Legislative Objective: The Chief Justice emphasized that the provision aims to balance humanitarian needs with the impact of migration on Assam's economic and cultural landscape.
3. Rationale for Cut-off Date: The March 25, 1971, cut-off is justified as it aligns with the onset of significant historical events (Operation Searchlight) that caused mass migrations during the Bangladesh Liberation War.

Key Points from the Majority Ruling:

1. The court said that the cut-off date is reasonable, considering Assam's unique demographic challenges.
2. Section 6A does not contravene other constitutional principles, including rights related to equality (Article 14), fraternity, and cultural protection (Article 29).
3. The court acknowledged that the implementation of immigration laws needs rigorous enforcement and judicial oversight.

Dissenting Opinion:

1. Justice J.B. Pardiwala dissented, deeming Section 6A unconstitutional and suggesting it dilutes the rights of indigenous Assamese citizens and undermines fundamental principles of the Constitution.

National Register of Citizens (NRC):

1. The NRC in Assam was conducted in accordance with Section 6A.
2. The ruling strengthens the legal foundation of the NRC, which previously excluded approximately 1.9 million people from a population of 33 million.

"Do you know about the concerns regarding the New Citizenship Act?" The Assam Accord said that anyone who came to Assam from Bangladesh after March 25, 1971, would be deported back to their countries, no matter their religion. But the new amendment Act 2019 inserted new Section 6B of the Citizenship Act, 1955 through the CAA, 2019. allows 6 specified religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, Christians) from Afghanistan, Bangladesh, and Pakistan who came before December 31, 2014, to stay and become Indian citizens. The NRC was made to find out who came legally to Assam. Now, people worry that the new act would allow 6 specified religious minorities to get Indian citizenship, which might not be fair and change what the NRC was meant to do. Around 20 million people from Bangladesh are living in Assam without permission. They have changed the population balance and are using a lot of the state’s resources and affecting its economy. India has several other refugees that include Tamils from Sri Lanka and Hindu Rohingya from Myanmar. They are not covered under the Act.

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