Lagatar24 Desk
New Delhi: The Supreme Court on Thursday upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which pertains to the grant of Indian citizenship to illegal immigrants in Assam, providing a legal shield to the provisions introduced as part of the 1985 Assam Accord.
A five-judge bench comprising Chief Justice of India DY Chandrachud and Justices Surya Kant, MM Sundresh, Manoj Misra, and JB Pardiwala, delivered the judgment with a 4:1 majority, maintaining the constitutionality of Section 6A.
“A Political Solution to a Unique Problem”
CJI Chandrachud, reading the majority judgment, stated that Parliament had the legislative competence to enact Section 6A as it offered a political solution to a unique problem faced by Assam. The creation of Bangladesh in 1971 led to a massive influx of illegal immigrants into Assam, threatening the state’s culture and demography, he said.
The court acknowledged that one of the main causes of the student agitation in Assam was the dilution of voting rights of the indigenous population due to the inflow of migrants. Section 6A, which sets a March 24, 1971 cut-off date for migrants, was an attempt to address this precarious situation.
The court also noted that India took a sympathetic stance toward Bangladeshi migrants fleeing atrocities during Pakistan’s Operation Searchlight in 1971. However, those entering the country after the March 1971 cut-off date were treated differently.
Majority Judgment Emphasizes Assam’s Unique Circumstances
Justice Surya Kant, writing for himself and Justices MM Sundresh and Manoj Misra, provided a detailed examination of Section 6A, agreeing with the CJI’s opinion that Assam’s circumstances warranted the special provisions under Section 6A. Justice Kant dismissed the argument that the provision should also apply to states like West Bengal, Meghalaya, and Mizoram, stating that Assam faced a more severe crisis, and the government was within its rights to act accordingly.
Call for Action on Illegal Immigrants
The Supreme Court also reinforced the Sarbananda Sonowal judgments that mandate the identification, detection, and deportation of illegal immigrants. Justice Kant emphasized that those who entered Assam from Bangladesh on or after March 25, 1971, are illegal immigrants and must be deported. The court directed both the central and Assam governments to implement these orders effectively, declaring that the Supreme Court will now monitor the identification and deportation process.
