Supreme Court Upholds Section 6A of Citizenship Act
Background and Decision
The Supreme Court of India has upheld the constitutional validity of Section 6A of the Citizenship Act, which was introduced in 1985 as part of the Assam Accord. This decision was made by a bench including Chief Justice DY Chandrachud and Justices Surya Kant, MM Sundresh, and Manoj Misra, with Justice JB Pardiwala dissenting.
Central Government’s Position
The Central government stated it could not provide 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 who entered Assam between January 1966 and March 1971 were granted Indian citizenship.
Historical Context
Section 6A was enacted following the 1971 Bangladesh Liberation War, allowing migrants who arrived in Assam between January 1, 1966, and March 25, 1971, to register for citizenship. The Assam Accord was negotiated by the Indian government, the All Assam Students Union (AASU), and the All Assam Gana Sangram Parishad (AAGSP) to address the influx of Bangladeshi immigrants.
Challenges and Controversy
Petitioners, including the Assam Public Works President and the Assam Sanmilita Mahasangha, challenged Section 6A, arguing it discriminates against Assam by facilitating mass immigration and altering its demographics. They claimed it contradicts Section 6 of the Constitution, which grants citizenship to those migrating from Pakistan before July 19, 1948.
Doubts Revealed
Supreme Court -: The Supreme Court is the highest court in India. It makes important decisions about laws and rights in the country.
Section 6A -: Section 6A is a part of the Citizenship Act in India. It allows certain people who came to Assam between 1966 and 1971 to become Indian citizens.
Citizenship Act -: The Citizenship Act is a law in India that explains who can be an Indian citizen and how they can become one.
Assam Accord -: The Assam Accord is an agreement made in 1985 to address issues related to illegal immigration in Assam, a state in India.
Migrants -: Migrants are people who move from one place to another, often to find better living conditions or work.
Deporting -: Deporting means sending someone back to their own country because they are not legally allowed to stay in another country.
Petitioners -: Petitioners are people who ask the court to make a decision about a law or issue. They often believe something is unfair or wrong.
Chief Justice DY Chandrachud -: Chief Justice DY Chandrachud is a senior judge in the Supreme Court of India. He leads the court in making important legal decisions.
Dissenting opinion -: A dissenting opinion is when one judge disagrees with the majority decision in a court case. It shows that not all judges agreed on the outcome.
