On Tuesday, the Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act of 1955, which pertains to granting Indian citizenship to immigrants under the Assam Accord, in the case In Re: Section 6A Citizenship Act 1955. According to this provision, individuals who entered India between January 1, 1966, and March 25, 1971, and have since resided in Assam, are eligible to register as Indian citizens.
Section 6A stipulates that, subject to the conditions outlined in sub-sections (6) and (7), all persons of Indian origin who arrived in Assam before January 1, 1966, from specified territories, and who have been ordinarily residing in Assam since their entry, are considered citizens of India as of January 1, 1966.
A Constitution Bench, consisting of Chief Justice of India (CJI) DY Chandrachud and Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra, ruled in favor of the provision with a 4:1 majority. Justice JB Pardiwala delivered a dissenting opinion.
While delivering his separate judgment, which aligned with the majority opinion authored by Justice Surya Kant, CJI Chandrachud remarked, “The Central government could have extended the application of the Act to other regions, but it was not done because of the unique circumstances in Assam.”
The ruling is expected to have a significant impact on the Assam National Register of Citizens (NRC) list. During the hearings, the Court noted that the provision aimed to address the hardships faced by the people of East Bengal after the 1971 Bangladesh Liberation War, making it distinct from a general amnesty for illegal immigrants.
CJI Chandrachud also emphasized that the constitutionality of Section 6A should not be assessed based on political developments that occurred after its implementation. The Union Home Ministry informed the Court that it lacked precise data on illegal migration into India, as such migrations are often clandestine. An affidavit submitted by the Ministry revealed that 14,346 foreign nationals were deported from India between 2017 and 2022, and 17,861 migrants who entered Assam between January 1966 and March 1971 were granted Indian citizenship.
Counsel Representing Parties Opposing Section 6A:
Senior Advocate Shyam Divan and Advocate Somiran Sharma represented the All Assam Ahom Association.
Senior Advocate KN Choudhury represented the Assam Sanmilita Mahasangha.
Senior Advocate Vijay Hansaria appeared on behalf of Pranab Mazumdar.
Counsel Representing Parties Supporting Section 6A:
Attorney General R. Venkataramani, Solicitor General Tushar Mehta, and Advocate Sneha Kalita represented the Union government, while Advocate Shuvodeep Roy represented the State of Assam.
Senior Advocate Malvika Trivedi represented the All Assam Students’ Union.
Senior Advocate Sanjay R. Hegde and Advocate Adeel Ahmed represented the Assam Sankhyalaghu Sangram Parishad.
Senior Advocate Salman Khurshid appeared for the Assam Jamiat Ulema.
Senior Advocate CU Singh appeared on behalf of Citizens for Justice and Peace.
Senior Advocate Shadan Farasat, along with several other advocates, represented the Social Justice Forum.
Senior Advocate Kapil Sibal appeared for the Jamiat Ulema-e-Hind.
Senior Advocate Indira Jaising, with Advocate Paras Nath Singh, represented the All Assam Minorities Students’ Union.
