SC verdict today on constitutionality of Section 6A of the Citizenship Act

• A Constitution Bench headed by Chief Justice of India D.Y. Chandrachud is scheduled to pronounce judgment on Thursday on the constitutionality of Section 6A of the Citizenship Act, 1955.

Highlights:

• A Constitution Bench led by Chief Justice of India, D.Y. Chandrachud, is set to deliver its judgment on October 17, 2024, regarding the constitutionality of Section 6A of the Citizenship Act, 1955. This provision, inserted into the Act as a result of the Assam Accord (1985), is central to addressing citizenship issues specific to Assam.

Background of Section 6A

Special Provision in the Citizenship Act:

• Section 6A was added to the Citizenship Act, 1955, following the Assam Accord signed on August 15, 1985, by the Rajiv Gandhi-led government. The provision was designed to address the influx of foreigners into Assam.

Citizenship Criteria:

• Foreigners who entered Assam before January 1, 1966, and were "ordinarily resident" in the State were granted the same rights and obligations as Indian citizens.
• Those who entered between January 1, 1966, and March 25, 1971, had similar rights but were barred from voting for 10 years.

Petitioners' Concerns

Discrimination Against Assam:

• The petitioners questioned why only Assam, among the border states, was made to implement Section 6A. They argued that the provision contributed to increased infiltration, raising concerns about demographic changes in the state.

Concerns of Demographic Change

Impact on Assamese Cultural Identity:

• The Supreme Court sought evidence from the petitioners that benefits granted to cross-border migrants between 1966 and 1971 had led to demographic changes that threatened the Assamese identity. However, it was clarified that the scope of the case was limited to Section 6A and did not involve the National Register of Citizens (NRC).

Government's Stand on Border Security

Complexities in Managing Illegal Influx:

• The central government acknowledged that managing the influx of illegal immigrants from Bangladesh is a “complex ongoing process,” involving detection, detention, and deportation. A key challenge identified was the difficulty in completing the fencing of the Indo-Bangladesh border.

West Bengal’s Role in Delays:

• The government criticized the policies of West Bengal, blaming slow land acquisition for delays in the fencing project. West Bengal shares a significant portion (2,216.7 km) of the porous border with Bangladesh, compared to Assam’s 263 km.

Key Takeaways:

• The Supreme Court's ruling focuses solely on the constitutionality of Section 6A, excluding matters related to the Assam NRC.
• The judgment will have significant implications for Assam’s citizenship policy and the rights of migrants.

Prelims Takeaways:

• National Register of Citizens (NRC)
• Citizenship Act, 1955