Answer

Section 6A of the Citizenship Act, introduced in 1985, implements the Assam Accord to address the influx of illegal migrants from Bangladesh into Assam. The provision distinguishes migrants based on their date of entry, with March 24, 1971, as the cut-off for citizenship. Recently, the Supreme Court upheld its constitutional validity, balancing humanitarian concerns with Assam’s demographic and cultural integrity.

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Constitutional Validity of Section 6A of the Citizenship Act

• Parliamentary Authority on Citizenship: The Supreme Court reaffirmed Parliament’s authority to legislate on matters of citizenship under Article 11 and Entry 17 of the Union List, upholding Section 6A’s constitutional validity.
• Right to Equality under Article 14: Petitioners argued that Section 6A violates Article 14, as it applies exclusively to Assam. The Court ruled that Assam’s unique migration challenges justify this special treatment under the law.
• Cultural Rights under Article 29: Petitioners argued that granting citizenship to migrants undermines Assamese culture. The Court held that demographic changes do not erode cultural identity, affirming that India’s cultural diversity is enriched by multiple ethnic groups.
• External Aggression and National Security: Critics alleged that Section 6A enables external aggression through uncontrolled migration, citing the Sarbananda Sonowal (2005) case. The Court ruled that Section 6A controls and regulates migration, ensuring national security.
• Humanitarian Considerations: The Court recognized the balance Section 6A strikes between humanitarian concerns and the rights of indigenous Assamese, allowing pre-1971 migrants to stay while limiting further migration.
• Constitutional Separation of Powers: The Court dismissed claims that Section 6A requires a constitutional amendment, stating that Parliament’s powers under Article 11 suffice for legislating on citizenship, and that Articles 6 and 7 pertain to post-Partition circumstances.
• Judicial Review of Migration Policies: The Court emphasised that Section 6A does not allow for unchecked migration, and legal mechanisms like the Foreigners Tribunal ensure that post-1971 migrants are dealt with legally.

Alignment of Section 6A with the Assam Accord’s Objectives

• Cut-Off Date for Citizenship: Section 6A aligns with the Assam Accord by setting March 24, 1971, as the final cut-off date for granting citizenship to migrants, thereby protecting Assam’s demographic balance.
  For example: Migrants who entered Assam after this date are considered illegal immigrants and are not eligible for citizenship.
• Recognition of Long-Settled Migrants: The provision allows migrants who entered between 1966 and 1971 to gain citizenship after a 10-year disenfranchisement period, reflecting the compromise reached in the Assam Accord.
• Legal Framework for Deportation: Section 6A provides the legal framework for detecting and deporting post-1971 migrants, directly addressing the Accord’s demand for the removal of illegal immigrants.
  For example: The implementation of the National Register of Citizens (NRC) in Assam helps identify and deport individuals who entered after the specified cut-off date.
• Protection of Assamese Identity: By limiting post-1971 immigration, Section 6A supports the Assam Accord’s goal of preserving the indigenous Assamese culture, preventing the demographic dilution feared by Assamese citizens.
  For example: The accord safeguards Assamese language, culture, and political rights by regulating the influx of non-Assamese populations.
• Distinction Between Pre- and Post-1971 Migrants: Section 6A reflects the Assam Accord’s distinction between pre-1971 and post-1971 migrants, offering legal recognition to earlier migrants while rejecting post-1971 entries.
• Provision for Political Stability: The Assam Accord and Section 6A aim to ensure political stability by allowing long-term residents to integrate into society without overwhelming the native population with new migrants.

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The Supreme Court’s ruling upholding Section 6A of the Citizenship Act reaffirms its constitutional validity and its alignment with the Assam Accord’s objectives. Section 6A balances the need to protect Assam’s demographic integrity with the humanitarian imperative of recognizing long-settled migrants. Looking forward, it provides a robust framework for addressing Assam’s migration challenges while preserving the rights and identity of its indigenous people.

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