Supreme Court Upholds Validity of Section 6A of Citizenship Act in Assam by 4:1 Majority
The Supreme Court’s five-judge Constitution bench upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, in a 4:1 majority decision on Thursday. This provision, introduced as part of the Assam Accord in 1985, sets the guidelines for granting citizenship to specific groups of migrants in Assam. Chief Justice DY Chandrachud, along with Justices Surya Kant, MM Sundresh, and Manoj Misra, supported the ruling, while Justice JB Pardiwala dissented.
The Assam Accord, signed in 1985 between the Indian government and leaders of the Assam Movement, was a response to the influx of migrants during the 1971 Bangladesh Liberation War. Section 6A was introduced to provide a legal framework for granting citizenship to individuals who migrated to Assam between January 1, 1966, and March 25, 1971, under certain conditions.
The Central Government’s affidavit to the court stated that while it could not provide precise data on illegal migration due to the covert nature of such movements, it reported that 14,346 foreign nationals were deported between 2017 and 2022. During this period, 17,861 migrants who entered Assam within the specified timeline were granted citizenship under Section 6A. Additionally, 32,381 people were declared foreigners by Foreigners Tribunals during the same time, according to ANI.
Earlier, the Supreme Court had directed the government to present data on how many immigrants had received citizenship under Section 6A(2) and to propose measures to curb illegal migration into Assam. Senior advocate Shyam Divan, representing the petitioners, argued that Section 6A violated constitutional principles such as secularism and fraternity. He called for the creation of a comprehensive, court-monitored policy for the resettlement and rehabilitation of migrants in Assam.
Section 6A is central to Assam’s ongoing citizenship debate, which intensified with the creation of the Assam National Register of Citizens (NRC). The NRC, aimed at identifying illegal immigrants, was first implemented after the 1951 census. The final NRC draft in July 2018 excluded 40.07 lakh people from a total of 3.29 crore applicants. A revised list released in August 2019 still excluded 19 lakh people, leaving many uncertain about their citizenship status. The Supreme Court had clarified that no action would be taken based on the draft list, but the controversy remains.
The Assam Sanmilita Mahasangha, a Guwahati-based civil society group, had challenged Section 6A in 2012, claiming it was discriminatory by having different cut-off dates for migrants in Assam compared to the rest of India. Justice Pardiwala, in his dissent, likely expressed concerns over the legality and fairness of Section 6A, emphasizing the ongoing tension between humanitarian needs and constitutional frameworks for citizenship.
The court’s decision has significant implications for the broader debate on citizenship in Assam. The Assam Accord and Section 6A were established in response to the migration triggered by the Bangladesh Liberation War. Even before Bangladesh’s independence in 1971, large numbers of migrants had already moved into Assam. The ruling reinforces Section 6A’s role in addressing this complex issue, but the debate continues over how to balance humanitarian considerations with constitutional principles.