Landmark Judgment Secures Citizenship Cut-Off for Assam Immigrants
New Delhi: In a significant ruling, the Supreme Court on Thursday upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which grants citizenship to immigrants who entered Assam before January 1, 1966. This ruling comes amid ongoing debates about the impact of immigration on the demographic and cultural landscape of Assam.
The judgment was delivered by a five-judge bench led by Chief Justice of India DY Chandrachud. Out of the five judges, four, including the Chief Justice, supported the majority view, while Justice JB Pardiwala dissented. The provision in question was introduced after the signing of the Assam Accord in 1985 between the Rajiv Gandhi-led central government and the All Assam Students’ Union (AASU). The Accord was a result of a six-year-long agitation against the influx of migrants from Bangladesh.
Under Clause 5 of the Assam Accord, January 1, 1966, serves as the cut-off date for detecting and removing “foreigners,” but it also allows for the regularisation of those who arrived up until March 24, 1971. Petitioners, including Assam Public Works and Assam Sanmilita Mahasangha, argued that setting a separate cut-off date for Assam is “discriminatory” and would impact the rights of indigenous Assamese people, particularly in preserving their culture under Article 29 of the Indian Constitution.
The petition, filed in 2012, contends that the exclusive application of Section 6A to Assam has resulted in a significant demographic shift, allegedly reducing the Assamese people to a minority in their own state. The petitioners further argue that this change has adversely affected the state’s economic and political stability and undermined the cultural survival and employment opportunities of the indigenous population.
On the other side, the Centre defended Section 6A, citing Article 11 of the Constitution, which grants Parliament the power to legislate on matters of citizenship. Other respondents, including the NGO Citizens for Justice and Peace, warned that striking down Section 6A would render a large number of current residents stateless, having enjoyed citizenship rights for over five decades.
The verdict is expected to clarify significant issues surrounding citizenship for immigrants and the rights of indigenous Assamese citizens.
