Supreme Court Upholds Citizenship Act's Section 6A Amid Controversy

The Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act, rooted in the 1985 Assam Accord. The Central government admitted challenges in tracking illegal migration. Petitioners argue the act disproportionately affects Assam by granting citizenship based on specific cut-off dates linked to the 1971 Bangladesh Liberation War.

On Thursday, the Supreme Court affirmed Section 6A of the Citizenship Act, maintaining its constitutional integrity as part of the 1985 Assam Accord. The judgment saw Chief Justice of India DY Chandrachud leading a bench, alongside Justices Surya Kant, MM Sundresh, and Manoj Misra, with Justice JB Pardiwala in dissent.

The Central government admitted in an affidavit that tracking illegal foreign migration is challenging, citing its surreptitious nature. Previously, the apex court mandated data on immigrants granted Indian citizenship via Section 6A(2) and steps taken against unlawful migration since December 7.

The affidavit revealed 14,346 deportations between 2017-2022, while 17,861 migrants from 1966-1971 were naturalized in Assam. Section 6A, enacted post-1971 Bangladesh Liberation War, aims to regulate Assamese citizenship, sparking debate on its differential cut-off dates for migrant regularization across India.

(With inputs from agencies.)