SC Upholds Constitutionality of Section 6A of Citizenship Act
- 17 Oct 2024
On 17th October 2024, a Constitution Bench of the Supreme Court (SC) led by Chief Justice of India (CJI) D.Y. Chandrachud upheld the constitutionality of Section 6A of the Citizenship Act, 1955, while Justice JB Pardiwala dissented, declaring it unconstitutional but with prospective effect.
Key Points
- Background of Section 6A: This provision was included in the Citizenship Act as part of the Assam Accord, signed on August 15, 1985, between the Rajiv Gandhi government and Assam Movement leaders following the Indo-Pakistan War of 1971.
- Provisions of Section 6A: It grants citizenship rights to foreigners who entered Assam before January 1, 1966, as “ordinarily resident” in the state. Those who arrived between January 1, 1966, and March 25, 1971, have similar rights, but cannot vote for 10 years.
- Petitioner Concerns: Petitioners argued that Assam was unfairly singled out for Section 6A, claiming it has led to increased infiltration. They sought to challenge its constitutionality.
- Majority Opinion: The majority, stated that Section 6A does not violate the Citizenship Act's provisions and is reasonable. They emphasized its humanitarian need and alignment with cultural preservation.
- Judge Dissent: He acknowledged that while Section 6A was valid initially, it has become unconstitutional over time.
- Reasonableness of Cut-off Date: The CJI stated that the March 25, 1971, cut-off date is not arbitrary and balances migration needs with economic impacts.
- Cultural Protections: He emphasized that the presence of different ethnic groups does not inherently infringe on minority rights under Article 29(1) of the Constitution.
- Implications for NRC and CAA: The verdict will significantly impact Assam's National Register of Citizens (NRC) and raise questions about the contentious Citizenship Amendment Act (CAA) of 2019, which establishes a different timeline for citizenship.
