On Thursday, the Supreme Court's constitutional bench, led by Chief Justice DY Chandrachud, confirmed the legality of Section 6A of the Citizenship Act. This section deals with granting Indian citizenship to illegal immigrants in Assam. The decision was made with a majority vote of 4 to 1.
Under the leadership of Chief Justice DY Chandrachud, a five-judge Constitution panel declared that the Assam Accord was a political solution to the issue of illegal immigration.
What is Section 6A?
The Section 6A of Citizenship Act provides the basis for either recognising migrants in Assam as Indian citizens or expelling them based on the date of migration.
As per the law, anyone who arrived in Assam on or around January 1, 1966, but before March 25, 1971, from designated regions, such as Bangladesh, and have been residents of Assam ever since, are required to register under Section 18 in order to obtain citizenship. As a result, the clause establishes March 25, 1971, as the deadline for Assamese Bangladeshi migrants to receive citizenship.
This implies that a person may apply for Indian citizenship in accordance with the clause only if they have been living in Assam within the designated times.
What Does This SC Verdict Means for Assam?
Section 6A was upheld by Chief Justice DY Chandrachud and four other justices, with one judge voting against the ruling. The majority did, however, agree that the part was constitutionally valid.
Section 6A was added to the Citizenship Act to address the citizenship of those covered by the Assam Accord.
Since the Supreme Court has upheld its validity, the deadline will continue to serve as the foundation for Assamese citizens who are arriving from Bangladesh and other countries.
What is Assam Accord?
In 1985, the Indian government, under the leadership of Prime Minister Rajiv Gandhi, collaborated with the All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP) to draft the Assam Accord and establish immigration categories. Thus, in order to support the Assam Accord, Section 6A was introduced to the Act in December 1985.
After Bangladesh separated from West Pakistan on March 26, 1971, organizations like AASU and AAGSP protested against the flood of immigrants from Bangladesh.
As per the law, anyone who arrived in Assam on or around January 1, 1966, but before March 25, 1971, from designated regions, such as Bangladesh, and have been residents of Assam ever since, are required to register under Section 18 in order to obtain citizenship. As a result, the clause sets March 25, 1971, as the deadline for awarding citizenship to immigrants from Bangladesh.
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