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The Supreme Court of India has delivered a landmark judgment upholding the constitutional validity of Section 6A of the Citizenship Act, which pertains to granting Indian citizenship to illegal immigrants in the state of Assam. The court's decision, delivered by a five-judge bench, has significant implications for the ongoing debate surrounding illegal immigration in India, particularly in the context of the Assam Accord of 1985, which aimed to address the influx of illegal migrants from Bangladesh.
The bench, led by Chief Justice D Y Chandrachud, ruled in a 4:1 majority that Parliament had the legislative competence to enact Section 6A, recognizing it as a political solution to the unique challenges faced by Assam. The court acknowledged the substantial influx of illegal immigrants after the creation of Bangladesh, which posed a significant threat to the state's culture and demography. This influx led to widespread unrest, culminating in the Students' agitation in Assam, which demanded the identification and deportation of illegal immigrants. Section 6A was seen as a crucial measure to address this issue and protect the rights of the indigenous population.
The Supreme Court also validated the March 24, 1971, cut-off date for the entry of Bangladeshi migrants, emphasizing the humanitarian considerations involved in India's response to the atrocities inflicted on Bangladeshis during Pakistan's Operation Searchlight. The court stated that the influx of migrants after March 1971 was viewed differently by the government, highlighting the changing political landscape and the need for a decisive approach. The court also recognized the state's authority to take measures to maintain law and order and safeguard the interests of its citizens, justifying the enactment of Section 6A as a means to achieve this objective.
In his separate opinion, Justice Surya Kant, concurring with the Chief Justice's views, underscored the severity of the situation in Assam, contrasting it with other states like West Bengal, Meghalaya, and Mizoram that also faced influx from Bangladesh. He argued that the problem in Assam was more acute, necessitating targeted measures to address the unique circumstances. Justice Kant also emphasized the state's authority to identify and deport illegal immigrants, not only under the Foreigners Act but also through other relevant laws. The majority judgment declared that individuals who entered Assam from Bangladesh on or after March 25, 1971, were considered illegal immigrants and subject to identification, detection, and deportation. The court directed the central and state governments to effectively implement the directives outlined in the Sarbananda Sonowal judgments, which aimed to facilitate the process of identifying and deporting illegal Bangladeshi immigrants. The court concluded by stating its intention to actively monitor the implementation of this process, ensuring its effectiveness in addressing the concerns surrounding illegal immigration in Assam.
Source: Assam Citizenship Act: Supreme Court upholds validity of Section 6A of Citizenship Act in Assam