SC upholds Citizenship Act section granting Indian citizenship to Assam migrants

New Delhi, Oct 17: The Supreme Court in a landmark judgment upheld the constitutionality of Section 6A of the Citizenship Act of 1955, which grants Indian citizenship to certain migrants in Assam, as per the provisions of the 1985 Assam Accord as reported by Bar & Bench.

The verdict, delivered by a 4:1 majority, reaffirms that individuals who migrated between January 1, 1966, and March 25, 1971, and have resided in Assam since, are eligible to register as Indian citizens.

The decision, which stemmed from a case scrutinising the constitutionality of Section 6A, comes as a major development amid ongoing debates about citizenship and migration in Assam.

A Constitution Bench led by Chief Justice DY Chandrachud, with Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra, deliberated on the matter. While four justices upheld the provision, Justice Pardiwala dissented, offering a contrasting perspective.

Section 6A, enacted in the aftermath of the Assam Accord, aimed to address the unique circumstances surrounding migration during and after the Bangladesh Liberation War of 1971. It differentiates between migrants who entered Assam before January 1, 1966, those who arrived between January 1966 and March 1971, and those who came after.

The Court maintained that migrants who entered before 1966 are automatically considered Indian citizens, while those arriving between 1966 and 1971 must meet specific conditions to obtain citizenship. Those arriving after March 25, 1971, are regarded as illegal immigrants.

Chief Justice Chandrachud, concurring with the majority opinion penned by Justice Surya Kant, noted the unique historical context of Assam and dismissed claims that Section 6A infringed upon the cultural and linguistic rights of the Assamese people, safeguarded under Article 29(1) of the Constitution.