NEW DELHI: In a majority verdict, the Supreme Court on Thursday upheld the constitutional validity of Section 6A of the Citizenship Act which grants Indian citizenship to immigrants who came to Assam between January 1, 1966 and March 25, 1971.Section 6A was inserted into the Citizenship Act as a special provision to deal with the citizenship of people covered under the Assam Accord.The five-judge Constitution bench, led by Chief Justice D.Y. Chandrachud, noted that Parliament had the legislative competence to enact this provision.The Chief Justice emphasised that the enactment of Section 6A was a political solution to a unique problem faced by Assam, where the massive influx of illegal immigrants from Bangladesh after the latter’s independence had seriously threatened the state’s culture and demographics.”The Parliament had the legislative competence to enact it,” the Chief Justice stated, adding that those who entered Assam from Bangladesh on or after March 25, 1971, are considered illegal immigrants who must be identified, detected, and deported. The judgment highlighted that one of the key reasons for the students’ agitation in Assam was the dilution of voting rights for the indigenous population due to this influx.The Supreme Court ruled in favor of Section 6A with a majority of 4:1. Justice J B Pardiwala, however, dissented and held Section 6A as unconstitutional.The majority verdict held that cut off date of March 25, 1971 for entry into Assam and granting citizenship is correct.
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