LI Network
Published on: December 06, 2023 at 12:20 IST
The Supreme Court addressed the distinct historical context of Section 6A of the Citizenship Act, 1955, emphasizing its origins in the aftermath of the 1971 Bangladesh liberation war.
The Court highlighted that Section 6A, which pertains to the grant of Indian citizenship to immigrants covered by the Assam Accord, was enacted to address the atrocities committed on the population of East Bengal during that specific historical period.
The Court responded to arguments suggesting that Section 6A is comparable to a general amnesty scheme for illegal immigrants, stating that it serves a unique purpose related to the specific historical circumstances of the Bangladesh liberation war.
The Constitution bench, led by Chief Justice of India DY Chandrachud, heard petitions challenging the constitutional validity of Section 6A.
Section 6A allows individuals who entered India between January 1, 1966, and March 25, 1971, and have been residing in Assam to register themselves as citizens.
The Court underscored that the validity of Section 6A should be assessed based on the historical context when it was enacted and not influenced by subsequent political developments.
During the hearing, Senior Advocate Shyam Divan, representing petitioners, argued that Section 6A, originating from the Assam Accord, violates the Constitution’s basic fabric, including values of secularism, fraternity, and brotherhood. Divan asserted that the provision undermines the cultural rights of border states and infringes on Articles 14 and 19, impacting citizens’ political rights.
The Court, however, pointed out that Section 6A specifically addresses the Assam Accord and questioned whether there was evidence of irreversible demographic impacts on Assam due to the provision.
The bench emphasized that there was a need to demonstrate the scale of illegal immigration and its impact on Assam’s demographics to support the arguments against Section 6A.
The case’s outcome is expected to have significant implications for the National Register of Citizens (NRC) list.
The final hearing began on Tuesday, and the Court will continue to evaluate the constitutional validity of Section 6A in subsequent sessions.