New Delhi:
A crucial citizenship law that recognized the Assam Accord and granted citizenship to Bangladeshi refugees who had arrived before to 1971 has been upheld by the Supreme Court. In order to enable refugees from Bangladesh (formerly East Pakistan) who arrived in India between 1966 and 1971 to register as Indian citizens, Section 6A of the Citizenship Act was created in 1985.
With Justice JB Pardiwala dissenting, a five-judge constitutional bench led by Chief Justice of India DY Chandrachud maintained Section 6A’s constitutionality by a 4:1 majority. Justices Surya Kant, MM Sundresh, and Manoj Misra were also on the bench.
According to the court’s ruling, Indian non-residents who migrated from Bangladesh between January 1, 1966, and March 25, 1971, are qualified to apply for naturalization. Citizenship under this will be retained for those who have it, the bench declared.
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The ruling was made in response to a petition alleging that Assam’s demographic balance had been negatively harmed by the influx of refugees from Bangladesh. It claimed that the political and cultural rights of the state’s original residents were breached by Section 6A of the Citizenship Act.
The Chief Justice stated that the adoption of Section 6A was a “political solution” to the particular issue that Assam was facing because the refugee crisis had put the state’s culture and population at risk.
Section 6A of the Citizenship Act, which recognizes the Assam Accord, is upheld by the Supreme Court.
The fact that the statute was exclusive to Assam prevented the national government from extending it to other regions, even though it might have. Assam has more migrants than other states, and this has a greater influence on the state’s culture, etc. Because Assam has a smaller land area than West Bengal, the impact of 40 lakh migrants there is greater than that of 57 lakh in West Bengal, according to the Chief Justice.
In reaction to a significant refugee inflow during the Bangladesh liberation war, the center and representatives of the Assam movement signed the Assam Accord on August 15, 1985. Section 6A of the Citizenship Act was added as a humanitarian measure to enable the migrants who came.
The Supreme Court said that the center was correct to argue that the government should stop illegal immigration since unchecked immigration has a negative impact on Assamese culture.
Section 6A was not too or underly comprehensive, the court argued, holding that March 25, 1971 was an acceptable cut-off date. “If the requirements are met, citizenship may be granted between the deadlines. Citizenship cannot be awarded to immigrants who arrive after March 25, 1971, according to Justice Surya Kant.
By a majority vote of 4:1 on Thursday, the Supreme Court maintained the constitutional validity of a crucial citizenship law pertaining to the granting of Indian citizenship to undocumented immigrants in Assam. After the Assam Accord, Section 6A of the Citizenship Act was enacted in 1985, depriving Bangladeshi migrants who had arrived in India between 1966 and 1971 of their citizenship and their ability to vote.
The top court in India gives Assam’s citizens’ list an extra month.
Chief Justice DY Chandrachud led a five-judge Constitution bench that declared the Assam Accord to be a political fix for the issue of illegal immigration. The Bench, composed of Justices Surya Kant, M M Sundresh, and Manoj Misra, held by majority decision that Parliament possessed the legislative authority to implement the clause.
The CJI stated, “The central government could have extended the act to other areas as well, but did not do so because it was unique to Assam,” as she read the majority ruling. Assam has more migrants than other states, and this has a greater influence on the state’s culture, etc. Because Assam’s geographical area is smaller than West Bengal’s, the impact of 40 lakh migrants there is greater than that of 57 lakh in West Bengal.
The state of Assam, which shares a border with Bangladesh, requires its citizens to present proof that they or their ancestors were residents of the nation prior to March 24, 1971, the date hundreds of thousands of people left Bangladesh during the country’s fight of independence from Pakistan, which was supported by India.
Chief Justice Ranjan Gogoi stated that the Assamese floods made work on the National Register for Citizens harder. “We extend the deadline for final publication of National Register for Citizens in Assam from July 31 to August 31,” he added.
Assamese attorney Aman Wadud, who is representing some of the people who have been labeled illegal immigrants, expressed his optimism that the extension will allow authorities more time to create a register that is “free, fair, and credible.”
