In a landmark ruling on Tuesday, the Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which governs the grant of Indian citizenship to immigrants under the Assam Accord. The verdict was delivered by a five-judge Constitution Bench headed by Chief Justice of India (CJI) DY Chandrachud, along with Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra. The decision was passed with a 4:1 majority, with Justice Pardiwala dissenting.
Section 6A, a special provision, was introduced following the Assam Accord of 1985 to address the issue of immigrants, primarily from Bangladesh, settling in Assam. The provision grants citizenship to those who migrated to India before March 25, 1971, a date agreed upon in the Accord. The Accord had been the resolution to the long-standing Assam Movement, which demanded the identification and deportation of illegal immigrants from Assam.
Justice JB Pardiwala, the sole dissenter, expressed concerns regarding the inclusion of immigrants in the electoral rolls. He stated, “Upon being detected as foreigners, immigrants can register themselves as Indian citizens. Upon registration, they would have the same rights and obligations as a citizen of India but would not be entitled to be included in any electoral roll for 10 years.” His dissent underscores the sensitive nature of the electoral rights issue in Assam, where migration has long been a point of contention.
CJI Chandrachud, while delivering the majority opinion, emphasized the scale of the migration problem in Assam. “The magnitude of the influx of migrants in Assam was 40 lakh, which is substantial compared to other states considering the smaller land size,” he noted.
The Assam Movement (1979–1985), spearheaded by the All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP), was a mass agitation aimed at addressing illegal migration. The movement, marked by six years of civil disobedience, political unrest, and ethnic violence, concluded with the signing of the Assam Accord. This agreement was seen as a solution to the contentious issue of illegal immigration into the state.
The Supreme Court’s verdict marks a significant moment in Assam’s history, reaffirming the legal standing of Section 6A. The ruling is expected to have far-reaching implications for the state’s political and social landscape.
