The Supreme Court of India, in a 4:1 verdict, upheld the constitutionality of Section 6A of the Citizenship Act, 1955. The contentious provision deals with special provisions regarding citizenship for residents of Assam, forming part of the Assam Accord signed in 1985. This landmark ruling addresses years of debate and controversy over the application of this law in Assam, particularly concerning the identification of illegal immigrants and citizenship rights.
Background of the Case:
Section 6A of the Citizenship Act was incorporated after the Assam Accord, which was signed between the Government of India and leaders of the Assam Movement. The Accord and the subsequent Section 6A set out special provisions regarding the detection and deportation of illegal immigrants who entered Assam from Bangladesh before March 25, 1971. However, many have argued that this provision creates a dual standard for citizenship in the country, particularly when compared to other states.
Petitioners challenging Section 6A raised concerns that it violated the right to equality, as it allowed a more lenient cut-off date for granting citizenship in Assam than in the rest of India. They also contended that the influx of immigrants from Bangladesh had changed the state’s demographic balance, affecting the cultural and political identity of the indigenous people of Assam.
Court’s Rationale:
The majority of the bench ruled that Section 6A does not violate the Constitution of India. The judgment affirmed that the special provisions under this section were a necessary response to the unique historical and political circumstances in Assam. The Court found that these provisions, though different from the rest of the country, were constitutionally permissible in light of the Assam Accord.
However, the lone dissenting judge argued that the special provisions could result in the dilution of the rights of indigenous people and should be reconsidered in the context of the larger issues surrounding illegal immigration and national security.
Implications:
This verdict is expected to have significant implications for the ongoing debate over citizenship in Assam, particularly concerning the National Register of Citizens (NRC) and the identification of illegal immigrants. The ruling may also impact the cultural and political landscape of Assam, where issues of identity and citizenship have been deeply contentious.
Conclusion:
The Supreme Court’s decision to uphold Section 6A reaffirms the constitutional validity of the Assam Accord and the unique framework it established for dealing with citizenship in the state. This verdict underscores the balance the judiciary seeks to maintain between upholding constitutional principles and recognizing the historical and political complexities of different regions within India.