SC clears Section 6A for Assam migrants, sets 1971 as citizenship cut-off
Supreme Court’s Constitution Bench has upheld the validity of Section 6A of the Citizenship Act, which grants citizenship to immigrants from Bangladesh who entered Assam before March 1971.
Guwahati, Oct 17: In a historic verdict, the Supreme Court’s Constitution Bench has upheld the validity of Section 6A of the Citizenship Act, which grants citizenship to immigrants from Bangladesh who entered Assam before March 1971.
The ruling, delivered on Thursday by a five-judge bench led by Chief Justice of India (CJI) DY Chandrachud, fixed the cut-off date for citizenship in Assam amidst ongoing debates over immigration and demographic changes.
The Chief Justice of India, while reading the majority judgment, highlighted that four out of the five judges, including himself, supported the ruling, with Justice JB Pardiwala dissenting.
The judgment also says that the mere presence of various ethnic groups in a state does not violate the fundamental right to protect linguistic and cultural heritage under Article 29(1) of the Constitution.
CJI Chandrachud further explained that petitioners must prove that one ethnic group is unable to preserve its culture solely due to the presence of another group.
Justice Surya Kant also rejected the petitioners' claims that Section 6A infringes on the fraternity principle outlined in the Preamble.
He clarified that fraternity should not be interpreted as the right to choose one's neighbours, countering the argument that the influx of immigrants would disrupt the Assamese social fabric.
The verdict addresses crucial questions around citizenship rights for immigrants while balancing the concerns of “indigenous” Assamese citizens.
Petitioners, including the NGO Assam Public Works and Assam Sanmilita Mahasangha, had argued since 2012 that setting a distinct cut-off date for Assam was “discriminatory and arbitrary,” and that changing demographics would harm the rights of Assamese people to protect their culture under Article 29.
After hearing extensive arguments from Attorney General R Venkataramani, Solicitor General Tushar Mehta, and senior advocates Shyam Divan and Kapil Sibal, the apex court had reserved its judgment on December 12, 2023.
Today’s ruling marks a pivotal moment in Assam’s ongoing debate over immigration and citizenship, addressing decades-old concerns tied to the region’s cultural identity.
