How SC order upholding Section 6A of Citizenship Act impacts Assam

New Delhi: The Supreme Court of India on Thursday upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, by a 4:1 majority.

The ruling has significant implications for Assam and its demographic narrative. 

This section, introduced following the Assam Accord of 1985, deals with the citizenship of persons who migrated from Bangladesh to Assam between January 1, 1966, and March 25, 1971.

The Assam Accord was a memorandum of settlement signed between representatives of the Government of India and the leaders of the Assam Movement aimed at addressing the issue of illegal immigration from Bangladesh. 

Section 6A was a special provision inserted into the Citizenship Act to implement parts of this accord, essentially allowing persons who entered Assam within the specified period to gain citizenship, provided they were not detected as foreigners at the time.

The ruling solidifies the legal status of a significant number of people in Assam, potentially ending decades of uncertainty about their citizenship. 

This could lead to social stability but also might fuel ongoing debates about indigenous rights versus migrant rights.

While it might be seen as a victory for those advocating for the rights of immigrants covered under the Assam Accord, groups advocating for the rights of indigenous populations fear cultural dilution.

The ruling also reinforces Parliament’s power to enact exceptional citizenship laws for different regions.

Additionally, this ruling also might influence future national policies on immigration and citizenship. 

The central government’s position on Section 6A of the Citizenship Act in the Supreme Court has been supportive of its continuation. 

The government has generally argued in favour of the validity of Section 6A contending that this section was introduced as part of the Assam Accord to address the unique historical and demographic situation in Assam following the Bangladesh Liberation War.

According to the arguments by the centre in the Supreme Court, it was a necessary legislative measure to normalise the situation in Assam post the massive influx of immigrants from Bangladesh (then East Pakistan). 

The central government viewed Section 6A as an integral part of implementing the Assam Accord, which was a political solution intended to address the agitation against illegal immigration. Upholding Section 6A was thus portrayed as a commitment to peace and stability in the region.

In arguments, the government maintained that Section 6A rather serves as an exceptional provision tailored for Assam’s unique situation. This includes the argument that Parliament has the authority to make special laws for different regions or communities if the situation demands it.

Go and Vote: Issued in Public Interest