What is Section 6A of Citizenship Act? Complete Explanation Here!

The Citizenship Act, 1955, saw Section 6A introduced through the Citizenship (Amendment) Act, of 1985. 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.

Historical Background

The Assam Accord was aimed to address illegal immigration from Bangladesh, which had been the most vital issue raised by the indigenous group. The treaty defined some aspects of citizenship based on dates of migration:

• Before January 1, 1966: All Indians who migrated to Assam were declared Indian citizens.
• Between January 1, 1966, and March 25, 1971: Citizenship can be granted to the people after ten years of residence in Assam.
• After March 25, 1971: All these people were declared illegal migrants and were liable to detection and deportation.

Key Provisions

1. Citizenship Recognition:

• Individuals who entered Assam before January 1, 1966, are recognized as Indian citizens.
• Those who entered between January 1, 1966, and March 25, 1971, must register and can obtain citizenship after ten years of residence.

2. Deportation Clause:

• The Act mandates that individuals entering Assam after March 25, 1971, are to be detected and deported according to legal procedures.

3. Rights and Obligations:

• Those recognized under Section 6A enjoy all rights and obligations of Indian citizens except for voting rights for ten years if they enter between the specified dates.

Constitutional Challenges

Section 6A has faced significant legal scrutiny concerning its constitutional validity:

• Article 14 (Right to Equality): It is argued that it is discriminatory to other states where different criterion is applied to Assam compared to other states in a similar migration problem.
• Article 6 (Constitutional Citizenship): Some of the petitioners argue that Section 6A violates provisions relating to citizenship which were created at the time of partition of India.

The Supreme Court of India has been holding continuous hearings on these appeals. The Court upheld, vide its majority order of 17 October 2024, the constitutional validity of Section 6A but recognized the dissenting views in their consequences for both the dimensions of equality and federalism.

Demographic and Cultural Impact

• Section 6A of the Assam Accord has raised questions about Assam's demographic composition and culture:
• Anti-recognition of citizenship for migrants - by critics: Critics believe that people will be tempted to become illegal immigrants, and the cultural scenario in Assam will change.
• Pro-agents feel that it is a framework that rectifies the historical wrongs and provides citizenship rights to Indian-origin people.

Section 6A remains a contentious element of Indian law, reflecting the complex interplay between migration, citizenship rights, and regional identity in Assam. Its provisions aim to balance humanitarian concerns with the need to protect local populations from illegal immigration while navigating significant legal challenges regarding its constitutionality.

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