Supreme Court Upholds Validity of Section 6A of the Citizenship Act, 1955
Case Title: In Re Section 6A of the Citizenship Act 1955 v. 2024 INSC 789
Date: 17 October 2024
Case Number: W.P.(C) No. 274/2009
Background
Section 6A of the Citizenship Act was introduced in 1985 to give effect to the Assam Accord signed on 15 August 1985. The Accord was signed after protests against the influx of immigrants into Assam following the Bangladesh Liberation War in 1971.
Section 6A allows Indian citizenship to immigrants of Indian origin who entered Assam:
- Before 1 January 1966: Automatically recognized as citizens.
- Between 1 January 1966 and 24 March 1971: Citizenship granted subject to:
- Being declared a foreigner by a tribunal.
- Being an ordinary resident of Assam since entry.
- Removal of names from electoral rolls for 10 years.
Legal Challenge
The provision was challenged under Article 32 of the Constitution, alleging that it violates:
- Article 11: Power to regulate citizenship
- Article 14: Right to equality
- Article 29: Protection of cultural rights of minorities
- Article 326: Right to vote
- Article 355: Duty of the Union to protect states from external aggression
Supreme Court Verdict
The Constitution Bench (5 Judges) upheld Section 6A by a 4:1 majority.
Majority Opinion: Justices Surya Kant, M.M. Sundresh, and Manoj Mishra
Concurring Opinion: Chief Justice Dr. D.Y. Chandrachud
Dissenting Opinion: Justice J.B. Pardiwala
Directions Issued:
- Follow deportation rules as stated in Sarbananda Sonowal v. Union of India (2005).
- Integrate provisions of the Immigrants (Expulsion from Assam) Act, 1950 with Section 6A.
- Strengthen the tribunal system for identifying illegal immigrants in a time-bound manner.
Key Reasoning of the Court
1. Maintainability of the Petition
The Court ruled that even though the challenge came decades after enactment, constitutional issues and public interest justify judicial review.
2. Conformity with the Constitution
The majority held Section 6A is aligned with Articles 6 and 7 of the Constitution. Citizenship post-Constitution is governed by Parliament under Article 11 and Entry 17 of List I (Seventh Schedule).
3. Does Not Violate Article 14
The classification made under Section 6A was based on intelligible differentia – Assam’s unique situation due to cross-border migration justified separate treatment.
4. Not Arbitrary or Unreasonable
Historical and political factors like the start of the 1971 war and the Bangladesh Citizenship Order validate the cut-off dates. Terms like "ordinary resident" were not vague enough to make the law unconstitutional.
5. Cultural Rights Under Article 29
The Court agreed that Assam’s culture is unique but found that Section 6A provides mechanisms for identification and deportation of illegal migrants, and hence does not threaten Article 29(1).
6. Article 355: Union’s Duty to Protect
Uncontrolled migration may amount to external aggression. However, Section 6A offers a controlled mechanism and cannot be termed as promoting aggression. Article 355 does not create an individual right, and thus cannot invalidate a statute.
Dissenting View – Justice J.B. Pardiwala
Justice Pardiwala found Section 6A unconstitutional for the following reasons:
- It places the burden on the State rather than individuals to identify as immigrants.
- No clear time limit for claiming benefits under the section.
- The requirement of “ordinary residence” is vague and potentially misused.
- Provisions are outdated and fail to achieve their intended goals today.
He declared Section 6A unconstitutional but only with prospective effect – protecting existing beneficiaries.
Conclusion
The Supreme Court’s majority ruling has upheld the validity of Section 6A, stating that while Assam faces unique challenges, the law remains constitutionally sound. However, its implementation must be improved. The dissent raises significant concerns about ambiguity, enforceability, and long-term effects on Assam’s demography and indigenous culture.
Tags:
Citizenship Act, Assam Accord, Supreme Court Verdict 2024, Section 6A, Illegal Immigrants, Article 14, Article 29, Constitution Bench, Indian Citizenship, Bangladesh War Migration