Supreme Court to Rule on Citizenship Act’s Section 6A
A five-judge bench of the Supreme Court of India is set to announce its decision on the validity of Section 6A of the Citizenship Act, which was added in 1985 as part of the Assam Accord. This section addresses the citizenship status of migrants who entered Assam between January 1, 1966, and March 25, 1971, during the Bangladesh Liberation War.
Background
The Assam Accord was an agreement between the Indian government and Assam representatives to manage the influx of migrants from Bangladesh. Section 6A was introduced to recognize certain migrants as Indian citizens, setting March 25, 1971, as the cut-off date for citizenship eligibility.
Legal Challenge
Senior advocate Shyam Divan, representing petitioners, argued that Section 6A violates the Indian Constitution’s principles of secularism and fraternity. The petitioners seek a court-monitored policy for the settlement of migrants across India.
Government’s Position
The Central government admitted it lacks precise data on illegal migration due to its secretive nature. However, it reported that 14,346 foreign nationals were deported between 2017 and 2022, and 17,861 migrants were granted citizenship under Section 6A.
National Register of Citizens (NRC)
The NRC, first created in 1951, aims to identify illegal immigrants in Assam. The final NRC list published in 2019 excluded 19 lakh individuals, raising questions about their citizenship status.
Historical Context
The Bangladesh Liberation War led to significant migration to India. In 1972, India and Bangladesh signed a treaty for friendship and cooperation.
Doubts Revealed
Supreme Court -: The Supreme Court is the highest court in India. It makes important decisions about laws and rights in the country.
Citizenship Act -: The Citizenship Act is a law in India that explains who can be a citizen of the country. It has rules about how people can become citizens.
Section 6A -: Section 6A is a part of the Citizenship Act that was added in 1985. It talks about the rules for people who moved to Assam, a state in India, between 1966 and 1971.
Assam Accord -: The Assam Accord is an agreement made in 1985 to address issues related to illegal immigration in Assam. It was signed by the Indian government and leaders from Assam.
Constitutional validity -: Constitutional validity means checking if a law follows the rules and principles of the Indian Constitution. The Constitution is like a big rulebook for the country.
Illegal migration -: Illegal migration refers to people moving to a country without following the legal process. In this context, it means people moving to Assam without proper permission.
Deportations -: Deportations are when people are sent back to their home country because they are living in another country illegally.
Migrant settlement -: Migrant settlement refers to finding a place for people who have moved from one country to another to live legally and comfortably.
