Supreme Court Upholds Assam Accord in Citizenship Act Section 6A

Aakhir Tak – In Shorts

The Supreme Court upheld Section 6A of the Citizenship Act, 1955, which supports the Assam Accord, by a 4:1 majority.
Justice Pardiwala dissented, declaring the provision unconstitutional.
The Court ruled that the March 25, 1971 cut-off date is reasonable, as it marks the end of the Bangladesh Liberation War.

Aakhir Tak – In Depth

The Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which grants citizenship to immigrants who entered Assam between January 1, 1966, and March 25, 1971. This decision, reached by a 4:1 majority, solidifies the legal foundation of the Assam Accord, with CJI DY Chandrachud and three other judges supporting it.

Justice Surya Kant affirmed that the March 25, 1971 cut-off date was rational as it marked the end of the Bangladesh Liberation War. He emphasized, “We cannot allow one to choose their neighbors, as it contradicts the principle of fraternity.”

On the other hand, Justice Pardiwala’s dissent argued that Section 6A had become unconstitutional over time. He noted that the inclusion of a statutory category for citizenship from 1966 to 1971 was a political move aimed at appeasing voters in Assam. The Court recognized that the impact of immigration in Assam is disproportionately high compared to other states, justifying a different approach for Assam.