New Delhi: The Supreme Court of India has upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, by a 4-1 majority. This provision, which was introduced as part of the Assam Accord in 1985, grants citizenship to immigrants who entered Assam before January 1, 1966.
The five-judge Constitution Bench, led by Chief Justice D.Y. Chandrachud, delivered the verdict on Thursday. Justices Surya Kant, M.M. Sundresh, and Manoj Misra concurred with the Chief Justice, while Justice Pardiwala dissented, deeming the provision unconstitutional.
Section 6A was inserted into the Citizenship Act to address the unique challenges faced by Assam due to the influx of immigrants from Bangladesh. The provision sets a different cut-off date for citizenship in Assam compared to the rest of India, which has been a point of contention. Petitioners, including the NGO Assam Public Works and the Assam Sanmilita Mahasangha, argued that this differential treatment violates the right to equality.
Chief Justice Chandrachud emphasized that Section 6A represents a legislative solution to the complex issue of illegal migration in Assam, acknowledging the historical and social context of the region. The judgment is expected to have significant implications for the state’s demographic and political landscape.
Justice Pardiwala, in his dissenting opinion, argued that the provision discriminates against other Indian citizens by creating a separate standard for Assam, thus violating the principle of equality enshrined in the Constitution.
