SC Upholds Citizenship Act’s Section 6A, Affects Assam’s NRC Landscape

GG News Bureau
New Delhi, 18th Oct. In a landmark ruling on October 17, 2024, a Constitution Bench of the Supreme Court of India delivered a 4:1 majority verdict affirming the constitutionality of Section 6A of the Citizenship Act, 1955. This provision grants citizenship to immigrants who entered Assam between January 1, 1966, and March 25, 1971. The ruling has the potential to significantly impact Assam’s ongoing National Register of Citizens (NRC) exercise.

The five-judge Bench, led by Chief Justice of India (CJI) D.Y. Chandrachud, saw Justice Surya Kant author the lead majority opinion, with the Chief Justice himself providing a concurring judgment. However, dissenting opinions emerged, notably from Justice J.B. Pardiwala, who deemed the provision unconstitutional with a prospective effect.

CJI Chandrachud articulated that the mere presence of diverse ethnic groups within a state does not constitute a violation of Article 29(1) of the Constitution, which safeguards the interests of minorities. Justice Kant echoed this sentiment, stating that Section 6A embodies the “spirit of fraternity,” thereby reinforcing the legality of the provision.

Conversely, Justice Pardiwala argued that while the statutory provision may have been constitutionally valid at its inception, it has become “unconstitutional” over time, reflecting changing socio-political dynamics.

Section 6A was introduced to the Citizenship Act as part of the Assam Accord, signed on August 15, 1985, by then Prime Minister Rajiv Gandhi and representatives of the Assam Movement. This provision was designed to address concerns arising from the influx of immigrants during the tumultuous period surrounding the Indo-Pakistan War in 1971. Under its terms, foreigners who entered Assam before January 1, 1966, and had been “ordinarily resident” in the state, would enjoy all the rights and obligations of Indian citizens. Those who entered between January 1, 1966, and March 25, 1971, would have similar rights, albeit with a ten-year voting restriction.

The ruling is poised to shape Assam’s NRC exercise, a contentious process aimed at identifying illegal immigrants in the state. The NRC has been a source of significant political and social unrest, with widespread implications for citizenship, identity, and regional stability.

As the implications of the ruling unfold, stakeholders in Assam and beyond will be closely monitoring its impact on immigration, citizenship rights, and the overall socio-political landscape.