Source: Supreme Court  

Why in News? 

The Supreme Court of India upheld the constitutional validity of Section 6A of the Citizenship Act, which recognizes the Assam Accord, by a 4:1 majority. The majority opinion, led by Chief Justice DY Chandrachud, emphasized the need to balance humanitarian concerns with local population protections, while dissenting Justice Pardiwala argued that the provision had become unconstitutional over time due to its arbitrary nature and ineffective enforcement mechanisms. 

What was the Background of In Re: Section 6A Citizenship Act 1955? 

• The case concerns Section 6A of the Citizenship Act 1955, which was added in 1985 through the Citizenship (Amendment) Act following the Assam Accord - an agreement between the Indian government and Assam movement leaders. 
• Section 6A added special provisions for citizenship of migrants who came to Assam from Bangladesh, dividing them into two categories: 
  • Those who entered before 1st January 1966. 
  • Those who entered between 1st January 1966 and 25th March 1971. 
• The cut-off date of 25th March 1971 was chosen because it was when Bangladesh declared independence, leading to a significant refugee crisis. 
• The Assam Sanmilita Mahasangha, a civil society group from Guwahati, challenged this provision in 2012, arguing that having different citizenship rules for Assam versus other states was discriminatory. 
• The petitioners also claimed the law violated fundamental constitutional principles including the right to cultural preservation, political rights of Assam's citizens, and the basic structure of India's democracy and federal system. 
• The legal challenge questioned whether Parliament had the constitutional authority to create special citizenship provisions for one state (Assam) that differed from the rest of India. 
• Main issue challenge was whether the law adequately protected Assam's indigenous population while addressing the humanitarian needs of migrants who had settled there over decades. 

What were the Court’s Observations? 

• The Supreme Court upheld Section 6A of the Citizenship Act, 1955 as constitutionally valid by a 4:1 majority, recognizing it as a legitimate legislative solution to address illegal migration in Assam. 
• Section 6A complies with Articles 6 and 7 of the Constitution of India, 1950, as it specifically addresses migration to Assam with rational cut-off dates (1st January 1966 and 25th March 1971) based on historical events including the Bangladesh liberation movement. 
• The Court established three distinct classifications for immigrants in Assam:  
  • Pre-1966 migrants are deemed Indian citizens. 
  • 1966-1971 migrants may seek citizenship subject to eligibility conditions. 
  • Post 25th March 1971, migrants are classified as illegal immigrants subject to deportation. 
• The Court rejected arguments that Section 6A violates Article 29(1), finding insufficient evidence that Assamese cultural and linguistic rights were impaired by the provision's implementation. 
• The geographic specificity to Assam was upheld as reasonable, given the state's unique demographic impact from migration despite having a smaller land area compared to other border states. 
• The Court mandated enhanced enforcement mechanisms, directing the constitution of a monitoring bench to oversee implementation of detection and deportation processes for illegal immigrants. 
• The dissenting opinion (Justice Pardiwala) held Section 6A as unconstitutional with prospective effect, citing temporal unreasonableness and procedural defects in the detection mechanism. 
• The majority affirmed Parliament's legislative competence to enact Section 6A, finding it successfully balanced humanitarian concerns with local population interests. 
• The Court directed strengthening of Foreigners Tribunals and related statutory machinery to ensure time-bound implementation of the law's objectives. 

What is Section 6A of the Citizenship Act 1955? 

• Section 6A was enacted as a special provision to address citizenship of persons covered under the Assam Accord, specifically applying to territories included in the State of Assam before the commencement of the Citizenship (Amendment) Act, 1985. 
• The provision defines a person of Indian origin as someone who, or whose parents or grandparents, was born in undivided India. 
• Section 6A creates two distinct categories of immigrants with different citizenship pathways:  
  • Persons who entered Assam before 1st January 1966: Deemed citizens of India from 1st January 1966 
  • Persons who entered between 1st January, 1966 and 24th March 1971: Eligible for citizenship after registration and a 10-year waiting period 
• For the 1966-1971 category, the law mandates:  
  • Detection as a foreigner by a Tribunal under the Foreigners (Tribunals) Order, 1964 
  • Mandatory registration with designated authorities 
  • Deletion of names from electoral rolls upon detection 
  • 10-year waiting period before full citizenship rights 
  • During the 10-year interim period, registered persons have:  
  • Same rights and obligations as Indian citizens (including passport rights) 
  • Restriction from participating in electoral processes 
  • Full citizenship rights after completion of the 10-year period 
• The provision includes opt-out mechanisms:  
  • 60-day window to declare non-desire for Indian citizenship for pre-1966 entrants 
  • Similar option for 1966-1971 entrants to opt out of the registration process 
• Section 6A explicitly excludes:  
  • Persons who were already Indian citizens before the 1985 amendment 
  • Individuals expelled from India under the Foreigners Act, 1946 
  • The provision holds overriding effect over other laws, unless expressly provided otherwise within Section 6A itself. 
  • "Specified territory" under this section refers to territories included in Bangladesh immediately before the 1985 amendment.