Section 6A: Who is a citizen, who is an ‘illegal immigrant’: Questions before SC in Assam Citizenship Act case

Source: The post is based on the article “Who is a citizen, who is an ‘illegal immigrant’: Questions before SC in Assam Citizenship Act case” published in “Indian Express” on 8th December 2023

Why in the News?

A Five-judge Constitution bench of the Supreme Court has begun hearing pleas challenging Section 6A of the Citizenship Act,1955. Section 6A was introduced following the signing of the Assam Accord.

What is the Assam Accord?

The Assam Accord was a Memorandum of Settlement (MoS) signed between the Government of India, Government of Assam and the All Assam Students Union in 1985. The accord brought an end to the Assam Agitation.

What is Section 6A of the Citizenship Act,1955?

1) Section 6A was introduced in the Citizenship Act, 1955 to accommodate Clause 5 of the Assam Accord.

2) It provides for special provisions for Assam with respect to citizenship. According to this-
a. Immigrants who entered Assam before 1 January 1966 would be considered Indian citizens and were allowed to vote.

b. Immigrants who entered Assam after 1 January 1966 but before 24 March 1971 will be detected as “foreigners”. But they would have the opportunity to register themselves according to rules made by the Central Government.
– They would be granted the same rights and obligations as Indian citizens for a period of 10 years except the right to vote. At the end of this ten-year period, they would be deemed citizens.

c. Immigrants who entered Assam on or after 25 March 1971 would be considered illegal immigrants and would be expelled from India.

3) It forms the basis for conducting National Register of Citizens (NRC) in the state of Assam.

Why is Section 6A challenged in the Supreme Court?

1) By establishing a different cut-off date for Indian citizenship in Assam than in the rest of India — which is July 1948 — it is argued that Section 6 A is discriminatory, arbitrary and illegal.

2) It has led to a significant change in the demographic pattern of Assam, reducing the indigenous Assamese people to a minority in their own state.

UPSC Syllabus: Polity