Supreme Court Upholds Section 6A, Affecting Assam's Demographics and Citizenship Rights

The Supreme Court upheld Section 6A of the Citizenship Act on Thursday, allowing immigrants who entered Assam between January 1, 1966, and March 25, 1971, to gain citizenship.

A bench led by Chief Justice DY Chandrachud supported this decision with a 4:1 majority, with Justice JB Pardiwala dissenting.

Section 6A was added in 1985 to help refugees from Bangladesh (then East Pakistan) register as Indian citizens.

CJI Chandrachud stated that the Assam Accord was meant to address the issue of illegal migration. The court confirmed that non-resident Indians from Bangladesh who arrived during this period can keep their citizenship.

This ruling came after a petition claiming that Bangladeshi refugees had changed the demographic balance in Assam. The petition argued that Section 6A violated the rights of the original residents of the state.

What is Section 6A?

Section 6A was added to the Citizenship Act to deal with the citizenship of people covered by the Assam Accord, signed by the Rajiv Gandhi government and the All Assam Students’ Union (AASU).

It states that anyone who came to Assam between January 1, 1966, and March 25, 1971, from specified areas, including Bangladesh, must register for Indian citizenship. This sets March 25, 1971, as the cut-off date for granting citizenship to these migrants.

The petitioners, including Assam Public Works and Assam Sanmilita Mahasangha, argue that the different cut-off date for Assam is unfair and illegal. They say it threatens the rights of indigenous Assamese people to preserve their culture.

Their 2012 petition claims that Section 6A has changed Assam's demographics, making Assamese people a minority in their own state, which could harm their economy and political situation.