Supreme Court Upholds Section 6A of Citizenship Act in 4-1 Verdict

The Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act by a 4-1 majority, recognizing its role under the Assam Accord to grant citizenship to immigrants from Bangladesh. Justice Pardiwala dissented, calling the provision unconstitutional.

The Supreme Court has upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which was introduced in accordance with the Assam Accord. This provision grants citizenship to illegal immigrants from Bangladesh who entered Assam between January 1, 1966, and March 25, 1971. The ruling came from a five-judge Constitution bench, with a 4-1 majority. Chief Justice DY Chandrachud, along with Justices Surya Kant, MM Sundresh, and Manoj Misra, supported the decision, affirming that Parliament had the authority to introduce this section.

Justice JB Pardiwala, however, dissented, arguing that Section 6A violates the Constitution. He voiced concerns over the provision’s impact on ethnic communities in Assam. Nonetheless, the majority held that the presence of diverse ethnic groups in a state does not necessarily infringe on Article 29(1) of the Constitution, which protects the rights of minorities to preserve their culture.

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The Assam Accord, a political agreement aimed at resolving the issue of illegal immigration into Assam, was at the center of this legal debate. The ruling reinforces the government's stance on the legislative competence of the Citizenship Act's amendment, allowing immigrants covered by the Accord to enjoy citizenship rights.