Express News Service
NEW DELHI: The Supreme Court on Tuesday said that it would first decide the validity of Section 6 A of the Citizenship Act, 1955 which grants citizenship to illegal immigrants, mostly from neighbouring Bangladesh, who entered Assam before March 1971.
The provision which was inserted in furtherance of a Memorandum of Settlement was signed by Rajiv Gandhi government with leaders of Assam Movement on August 15, 1985. Called as “Assam Accord”, the settlement was signed for preserving and protecting Assamese culture, heritage, linguistic and social identity. This section granted rights and obligations of Indian citizens to foreigners who entered Assam before January 1, 1966, and been “ordinarily resident” in the State. It further said that the foreigners who entered the State between January 1, 1966 and March 25, 1971 would have the same rights and obligations except that they would not be able to vote for 10 years.
While hearing pleas preferred by Assam Public Works challenging section 6A of the Act, a five judge bench headed by CJI DY Chandrachud said, “Whether section 6A suffers from any constitutional infirmity? That covers everything. We’ll frame that primarily as the issue. That doesn’t stop us from framing other issues later.”
The bench also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha also granted the parties three weeks to prepare common compilations. The pleas challenging the said provision contended that the same was discriminatory as it was in violation of article 6 of the Constitution. According to the said article, July 19, 1948, was fixed as the cut-off date for granting citizenship.
The SC on December 17, 2014, had framed 13 questions for the purpose of covering various issues that were raised challenging the constitutionality of section 6A. In December 2015, the bench after framing 13 issues had referred them for adjudication.
Also in top court
Govt notifies Gauhati HC CJ’s appointmentPursuant to assurance given by the Centre to the SC that it would adhere to the timeline in appointing judges, the Centre on Tuesday approved appointment of Justice N Kotiswar Singh as acting CJ of Gauhati HC. “In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint, Shri Justice N. Kotiswar Singh, senior most puisne Judge of the Gauhati HC,” the notification read.
Bhopal tragedy: ‘Why `50 cr not disbursed?’The Supreme Court five-judge bench on Tuesday while considering centre’s plea seeking additional compensation from Union Carbide Corporation (UCC) (now Dow Chemical Company) for victims of Bhopal gas disaster expressed concerns with regards to undisbursed dues of `50 crores which were lying with the centre out of the $470 million paid by the company.
Plea filed against caste census in BiharA petition was filed before the SC on Tuesday against the Bihar government’s decision to conduct a caste survey in the state, claiming it was against basic structure of the Constitution. The petition, which is likely to come up for hearing in the coming days, alleged that the notification was “discriminatory and unconstitutional”. The PIL seeks quashing of the notification issued by deputy secretary.
NEW DELHI: The Supreme Court on Tuesday said that it would first decide the validity of Section 6 A of the Citizenship Act, 1955 which grants citizenship to illegal immigrants, mostly from neighbouring Bangladesh, who entered Assam before March 1971.
The provision which was inserted in furtherance of a Memorandum of Settlement was signed by Rajiv Gandhi government with leaders of Assam Movement on August 15, 1985. Called as “Assam Accord”, the settlement was signed for preserving and protecting Assamese culture, heritage, linguistic and social identity. This section granted rights and obligations of Indian citizens to foreigners who entered Assam before January 1, 1966, and been “ordinarily resident” in the State. It further said that the foreigners who entered the State between January 1, 1966 and March 25, 1971 would have the same rights and obligations except that they would not be able to vote for 10 years.
While hearing pleas preferred by Assam Public Works challenging section 6A of the Act, a five judge bench headed by CJI DY Chandrachud said, “Whether section 6A suffers from any constitutional infirmity? That covers everything. We’ll frame that primarily as the issue. That doesn’t stop us from framing other issues later.”
The bench also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha also granted the parties three weeks to prepare common compilations. The pleas challenging the said provision contended that the same was discriminatory as it was in violation of article 6 of the Constitution. According to the said article, July 19, 1948, was fixed as the cut-off date for granting citizenship.
The SC on December 17, 2014, had framed 13 questions for the purpose of covering various issues that were raised challenging the constitutionality of section 6A. In December 2015, the bench after framing 13 issues had referred them for adjudication.
Also in top court
Govt notifies Gauhati HC CJ’s appointment
Pursuant to assurance given by the Centre to the SC that it would adhere to the timeline in appointing judges, the Centre on Tuesday approved appointment of Justice N Kotiswar Singh as acting CJ of Gauhati HC. “In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint, Shri Justice N. Kotiswar Singh, senior most puisne Judge of the Gauhati HC,” the notification read.
Bhopal tragedy: ‘Why `50 cr not disbursed?’
The Supreme Court five-judge bench on Tuesday while considering centre’s plea seeking additional compensation from Union Carbide Corporation (UCC) (now Dow Chemical Company) for victims of Bhopal gas disaster expressed concerns with regards to undisbursed dues of `50 crores which were lying with the centre out of the $470 million paid by the company.
Plea filed against caste census in Bihar
A petition was filed before the SC on Tuesday against the Bihar government’s decision to conduct a caste survey in the state, claiming it was against basic structure of the Constitution. The petition, which is likely to come up for hearing in the coming days, alleged that the notification was “discriminatory and unconstitutional”. The PIL seeks quashing of the notification issued by deputy secretary.
