4:1 SC verdict upholds validity of Citizenship Act’s Section 6A

Satya Prakash

Tribune News Service

New Delhi, October 17

The Supreme Court on Thursday upheld the validity of Section 6A of the Citizenship Act which grants Indian citizenship to immigrants from Bangladesh who entered Assam before March 25, 1971.

By a majority of 4:1, a five-judge Constitution Bench led by CJI DY Chandrachud — which had reserved its verdict on the contentious issue on December 12, 2023 — declared “that immigrants who entered the State of Assam on or after 25.03.1971 are not entitled to the protection conferred vide Section 6A and consequently, they are declared to be illegal immigrants.”

It upheld the validity of March 25, 1971 cut-off date for granting citizenship to Bangladeshi migrants in Assam. There were three judgments — one each by CJI Chandrachud, Justice Surya Kant (for himself, Justice MM Sundresh and Justice Manoj Misra) and Justice JB Pardiwaala.

While the CJI, Justice Kant, Justice Sundresh and Justice Misra upheld the validity of Section 6A, Justice JB Pardiwala delivered a dissenting verdict and declared the impugned provision unconstitutional prospectively for being “manifestly arbitrary”.

Delivering the verdict, the CJI said Parliament had the legislative competence to enact Section 6A. It was a political solution to a unique problem faced by Assam due to the huge influx of illegal immigrants following the creation of Bangladesh that seriously threatened its culture and demography.

The magnitude of the influx of migrants in Assam was higher as compared to other states considering the smaller land size and the detection of foreigners was an elaborate process, the majority noted.

The CJI noted that one of the main reasons behind the Assam students’ agitation was the dilution of voting rights of indigenous population because of the influx of illegal migration from Bangladesh and Section 6A was an attempt to address the precarious situation.

“We hold that while the statutory scheme of Section 6A is constitutionally valid, there is inadequate enforcement of the same — leading to the possibility of widespread injustice. Further, the intention of Section 6A, i.e., to restrict illegal immigration post 18.4.1971 has also not been given proper effect,” said Justice Kant. The majority declared that immigrants who entered the state of Assam prior to 1966 are deemed citizens, while those who entered between the cut-off dates of January 1, 1966 and March 25, 1971 can seek citizenship subject to the eligibility conditions prescribed in Section 6A (3).