SC Delays Decision on Citizenship Act Section 6A Amid Assam Immigration Dispute

SC Delays Decision on Citizenship Act Section 6A Amid Assam Immigration Dispute

Asif Iqbal | December 12, 2023 | 09:30 PM IST | Assam, Courts & Law | Follow on Google News

SC Delays Decision on Citizenship Act Section 6A Amid Assam Immigration Dispute.image/ANI

SC Delays Decision on Citizenship Act Section 6A Amid Assam Immigration Dispute

The Supreme Court’s five-judge Constitution bench has reserved its verdict on a group of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, introduced through a 1985 amendment in alignment with the Assam Accord.

This section pertains to granting Indian citizenship to illegal immigrants in Assam. The challenge revolves around the insertion of Section 6A as a special provision to address citizenship matters arising from the Assam Accord.

The Chief Justice of India DY Chandrachud, along with Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra, reserved the verdict after hearing arguments from all involved parties. The central government, in its affidavit, conveyed its inability to provide accurate data on the extent of illegal migration, citing the secretive nature of such activities.Responding to the court’s directive on December 7, the government presented data indicating the deportation of 14,346 foreign nationals between 2017 and 2022.

Additionally, 17,861 migrants entering Assam between January 1966 and March 1971 were granted Indian citizenship under Section 6A(2). The affidavit also noted that 32,381 individuals were declared foreigners by Foreigners Tribunals between 1966 and 1971.The bench previously acknowledged Section 6A as a humanitarian response to the 1971 Bangladesh Liberation War, deeply embedded in India’s history.

Senior advocate Shyam Divan, representing the petitioners, argued that Section 6A violates the fundamental principles of the Indian Constitution, including secularism, fraternity, and brotherhood as outlined in the Preamble.Divan urged the bench to instruct the government to formulate a court-monitored policy for the settlement and rehabilitation of individuals who arrived in Assam.

The case, initially referred to a five-judge Constitution bench on December 17, 2014, stems from matters related to citizenship in Assam.The Assam Accord, formed in 1985 through negotiations between the Indian government and representatives of the Assam Movement, established categories for immigrants. The National Register for Citizens (NRC) in Assam, implemented under Section 6A of the Citizenship Act 1955, aims to identify illegal immigrants who arrived after March 25, 1971.

In 2013, the Supreme Court directed the state of Assam to update the NRC. The final draft released on July 30, 2018, excluded 40.07 lakh applicants, causing uncertainty about their citizenship status. The court clarified that this draft was provisional, and no action could be taken based on it. The final NRC list, published on August 31, 2019, excluded 19 lakh individuals.In 2012, the Assam Sanmilita Mahasangha and others challenged Section 6A, arguing its discriminatory and arbitrary nature, especially regarding different cut-off dates for regularization in Assam compared to the rest of India.

The legal backdrop of the issue also considers the historical context of the Bangladesh Liberation War, migration trends, and subsequent treaties between India and Bangladesh.

The Assam Accord, signed on August 15, 1985, was a Memorandum of Settlement (MoS) between the Government of India and Assam Movement leaders, underscoring the complex and multifaceted nature of the legal challenge.

The legal backdrop of the issue also considers the historical context of the Bangladesh Liberation War, migration trends, and subsequent treaties between India and Bangladesh. The Assam Accord, signed on August 15, 1985, was a Memorandum of Settlement (MoS) between the Government of India and Assam Movement leaders, underscoring the complex and multifaceted nature of the legal challenge.

Asif Iqbal

Asif Iqbal is a seasoned news writer with a passion for delivering the latest updates to the public. Currently serving as the senior writer at VoM News, a prominent news outlet known for its comprehensive coverage of diverse topics, Asif has established himself as a reliable source of information. With a keen eye for detail and a knack for storytelling, he consistently provides readers with well-crafted articles that cover a wide range of news categories. His dedication to journalistic integrity and his commitment to staying ahead of the news curve make him an invaluable asset to Vom News, ensuring that readers are always well-informed on the issues that matter most. You can find his work and stay updated on current events by visiting vomnews.in.