Supreme Court Upholds Section 6A: Assam's Citizenship Clause Validated

The Supreme Court upheld Section 6A of the Citizenship Act, validating special provisions for granting Indian citizenship to immigrants in Assam between January 1, 1966, and March 25, 1971. Despite a dissent from Justice Pardiwala, the majority ruled that the legislative competence to enforce this provision lies with Parliament.

The Supreme Court, in a majority verdict, has upheld the constitutional validity of Section 6A of the Citizenship Act, confirming the provision that grants Indian citizenship to immigrants who arrived in Assam between January 1, 1966, and March 25, 1971. This significant ruling was delivered by a five-judge Constitution bench led by Chief Justice DY Chandrachud.

Chief Justice Chandrachud stated that the Assam Accord provided a political solution to curb illegal migration, emphasizing the unique challenges faced by Assam due to its high migrant influx and limited land size. Concurrently, Justices Surya Kant, M M Sundresh, and Manoj Misra agreed, affirming Parliament's legislative authority to enact Section 6A.

While the March 25, 1971, cut-off for citizenship entry was deemed appropriate by the majority, Justice J B Pardiwala dissented, questioning its constitutionality. The verdict upheld the importance of the Assam Accord, signed in 1985, as crucial in addressing the citizenship concerns in Assam.

(With inputs from agencies.)