Supreme Court to deliver ruling on Section 6A of Citizenship Act today – India TV

The Supreme Court is set to deliver a crucial ruling today on the constitutional validity of section 6A of the Citizenship Act. This provision allows Bangladeshi immigrants who entered Assam between January 1, 1966 and March 25, 1971 to register as Indian citizens while denying citizenship to those who arrive after the cut-off date.

Background and historical context

The demand for stricter immigration controls intensified after the separation of Bangladesh from Pakistan on March 26, 1971. Student organizations, including the All Assam Students’ Union (AASU) and the Assam Gan Sangram Parishad (AAGSP) , protested against the growing influx of Bangladeshis. immigrants. In response, Section 6A was incorporated into the Citizenship Act as part of the ‘Assam Accord’, a memorandum of understanding signed on August 15, 1985 during the Rajiv Gandhi government. This provision was intended to address the concerns of these groups by identifying and deporting foreign immigrants who entered Assam after March 25, 1971.

Legal arguments and concerns of the petitioners

The petitions challenging Article 6A argue that the presence of illegal immigrants from East Pakistan has seriously disrupted the demographic balance of Assam. The petitioners claim that the rights of the indigenous Assamese population are under threat, claiming that Article 6A effectively legitimizes illegal immigration.

The Constitutional Court, headed by Chief Justice DY Chandrachud, is expected to announce its judgment at 10:30 am. This decision could have significant implications on the demographic landscape and the rights of residents of Assam.

Provisions of Article 6A

Under Article 6A, people who entered Assam before January 1, 1966 enjoy full citizenship rights, while those who arrived between 1966 and 1971 enjoy similar rights, but with a ten-year voting restriction. The petitioners questioned why only Assam was subject to this provision, linking it to a perceived increase in illegal immigration.

The court sought evidence illustrating how the benefits given to these migrants have led to demographic changes that threaten Assamese cultural identity.

Objective of the Court and position of the government

The Constitutional Court clarified that its review would focus only on the validity of Article 6A and not on the Assam National Register of Citizens (NRC). The court asked for details on illegal immigration from Bangladesh and the government’s efforts to detect and deport undocumented individuals.

In a government affidavit, officials acknowledged the complexities involved in detecting, detaining and deporting illegal alien nationals. They also cited West Bengal’s policies as obstacles to effective border control, hindering the fencing of the India-Bangladesh border – a crucial national security initiative.

Challenges at the border

The Center highlighted the challenges of managing a 4,096.7 km border, which is porous and has difficult geography, including rivers and hilly terrain. While West Bengal shares a 2,216.7 km border with Bangladesh, Assam’s border is only 263 km long.

With the court reserving its decision for December 2023, the judgment is keenly awaited by legal experts, policy analysts and residents of Assam as it could significantly influence the ongoing discourse on citizenship and politics. immigration to the region.