A five-judge Constitution bench of the Supreme Court on Thursday will deliver its judgment on Thursday
A five-judge Constitution bench of the Supreme Court on Thursday will deliver its judgment regarding a group of petitions challenging Section 6A of the Citizenship Act, 1955.
A five-judge constitution bench headed by Chief Justice DY Chandrachud is likely to deliver the verdict.
The apex court on December 12 last year had reserved its order after hearing the submissions of Attorney General R Venkataramani, Solicitor General Tushar Mehta, senior advocates Shyam Divan, Kapil Sibal and others for four days.
Section 6A of the Citizenship Act 1955 allows foreign migrants of Indian origin who arrived in Assam between 1st January 1966 and 25th March 1971 to apply for Indian citizenship.
However, some indigenous groups in Assam have challenged this provision, arguing that it allows the illegal entry of migrants from Bangladesh, according to Live Law.
Thursday’s ruling will determine the validity of citizenship granted to immigrants who entered from Bangladesh between January 1966 and March 1971.
What is Section 6A of the Citizenship Act?
Section 6A of the Citizenship Act is a special provision designed to address the citizenship status of individuals covered by the Assam Accord.
This section was added to the 1955 Act as part of the Memorandum of Settlement known as the Assam Accord, which was signed on 15 August 1985 by the then Rajiv Gandhi government and leaders of the Assam Movement. The accord aimed to preserve and protect Assamese culture, heritage, linguistic identity, and social integrity.
The Assam Accord was an agreement between the Union government and the All Assam Students Union (AASU) as well as the All Assam Gana Sangram Parishad (AAGSP). These groups protested against the influx of Bangladeshi immigrants after Bangladesh, then known as East Pakistan, gained independence from West Pakistan on 26th March 1971.
Section 6A was included in the Citizenship Act to address the concerns of AASU and AAGSP, helping to identify and expel foreign immigrants who entered Assam after 25th March 1971, the Supreme Court Observer report stated.
Supreme Court December 2023 ruling & Centre’s response
On December 12, 2023, the five-judge bench, which included Chief Justice of India DY Chandrachud and Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra, had reserved its verdict on 17 petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955.
During the proceedings, the Supreme Court had asked the state government to provide data to the Centre for filing an affidavit. The court had also requested the Centre to inform it about the steps taken to address illegal immigration into India, particularly in the North Eastern states.
In response, the Centre had told the Supreme Court that collecting data on illegal migrants living in various parts of the country is not possible, as their entry is often secretive and hidden.
When asked about the estimated number of illegal immigrants entering India after March 25, 1971, including in Assam, the Centre had stated that these individuals enter without valid travel documents in a clandestine manner.
“The detection, detention and deportation of such illegally staying foreign nationals is a complex ongoing process. Since entry of such foreign nationals into the country is clandestine and surreptitious, it is not possible to collect accurate data of such illegal immigrants living in various parts of the country,” the Centre had stated.
(With inputs from agencies)
