On October 17, a five-judge Constitution bench of the Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which was introduced as part of the Assam Accord in 1985. This provision was enacted to address the issue of illegal immigration into Assam from Bangladesh during a specified period.
By a 4-1 majority, the bench ruled that Section 6A, which grants citizenship benefits to illegal immigrants who entered Assam between January 1, 1966, and March 25, 1971, is constitutional. Chief Justice DY Chandrachud, along with Justices Surya Kant, MM Sundresh, and Manoj Misra, affirmed that Parliament had the legislative competence to enact this provision. They emphasized that the Assam Accord was a political solution aimed at addressing the serious problem of illegal migration in Assam.
However, Justice JB Pardiwala dissented, holding Section 6A to be unconstitutional. He raised concerns about its potential impact on the demographic composition of Assam.
Section 6A of the Citizenship Act, 1955, grants citizenship to individuals who entered Assam before January 1, 1966, while those who arrived between January 1, 1966, and March 24, 1971, can register as citizens after a 10-year waiting period, during which they are not entitled to vote. Individuals who entered Assam after March 24, 1971, are to be detected and deported.
The provision has long been a subject of controversy, with its constitutionality being challenged on the grounds of demographic and ethnic concerns in Assam. Despite the debates, the Supreme Court’s ruling validates the legal framework set by the Assam Accord.
