Section 6A of Citizenship Act of 1955 affirmed constitutional by Supreme Court of India

Section 6A of the Citizenship Act of 1955 was affirmed as constitutional by the Supreme Court of India. A Constitution Bench with a 4:1 majority rendered this decision. Justice Pardiwala dissented from the majority judgment, which was written by Justice Surya Kant. The citizenship framework of Assam is the subject of the judgment.

In the Assam Accord, Section 6A

• Initiated in 1985 to address the problem of East Pakistani migration to Assam.
• The Bangladesh Liberation War began on March 25, 1971, which is the cutoff date for citizenship.
• Indian citizenship is available to migrants who arrive in Assam prior to this date.
• Those who arrive after this date may be deported as they are deemed aliens.
• Citizenship is awarded to anyone of Indian descent who arrive in Assam prior to January 1, 1966.
• For 10 years, migrants who arrive between January 1, 1966, and March 24, 1971, are granted full citizenship rights, with the exception of the ability to vote.

Problems and Justifications

• The petitioners contend that Section 6A breaches Article 14, which guarantees equality, and discriminates against migrants.
• Its conflict with Articles 6 and 7, which regulate citizenship for migrants from the Partition period, is a source of concern.
• Section 6A violates the cultural rights of indigenous Assamese people and changes the demographic balance of Assam.

Majority Justification

• On the grounds that it strikes a compromise between the state's cultural and economic demands and humanitarian concerns, Justices Kant and Chandrachud affirmed Section 6A.
• In his dissenting opinion, Justice Pardiwala argues that Section 6A is unconstitutional since it does not prevent unlawful migration.

Possible Repercussions

• The decision may have an impact on the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC), raising concerns about potential discrimination against Bengali Hindu immigrants who arrived after 1971.