THE CONTEXT: A five-judge Constitution Bench of the Supreme Court of India delivered a landmark judgment, upholding Section 6A of the Citizenship Act, 1955, by a 4-1 majority. This provision outlines a unique process for granting citizenship to migrants who entered Assam until March 24, 1971.
THE BACKGROUND: Assam shares a long border with Bangladesh, and the influx of refugees and migrants has raised concerns about preserving the cultural identity and economic opportunities of the indigenous Assamese population.
- The Assam Movement (1979-1985): In response to the growing concerns over illegal immigration, the All-Assam Students’ Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP) led a mass agitation known as the Assam Movement from 1979 to 1985. The movement demanded the detection, deletion from electoral rolls, and deportation of illegal migrants.
- The Assam Accord (1985): On August 15, 1985, the Government of India, the Government of Assam, and the movement leaders signed the Assam Accord to address the issues raised by the Assam Movement.
- Section 6A of the Citizenship Act, 1955: Section 6A was inserted into the Citizenship Act, 1955, to give legal effect to the Assam Accord. This section created a special framework for dealing with citizenship issues in Assam, which is distinct from the rest of India.
Provisions of Section 6A
- Citizenship for Pre-1966 Migrants: Persons of Indian origin who came to Assam from Bangladesh (then East Pakistan) before January 1, 1966, were deemed Indian citizens.
- Citizenship for 1966-1971 Migrants: Those who entered Assam between January 1, 1966, and March 24, 1971, were to be detected and registered as foreigners. They were to be disenfranchised for ten years but would enjoy all other citizenship rights. After ten years, they could apply for citizenship.
- Exclusion from Electoral Rolls: During the ten years, these migrants would not have voting rights, and their names would be deleted from electoral rolls.
Constitutional Provisions Related to Citizenship:
- Article 6: Rights of citizenship for persons who migrated to India from Pakistan before the commencement of the Constitution.
- Article 7: Rights of citizenship of certain migrants to Pakistan who returned to India under a permit for resettlement.
- Article 11: Empowers Parliament to make any provision concerning the acquisition and termination of citizenship and all other matters relating to citizenship.
Parliament’s Legislative Powers:
- Entry 17, Union List (Seventh Schedule): Grants Parliament exclusive power to legislate on matters of “Citizenship, naturalization, and aliens.”
LEGAL CHALLENGE TO SECTION 6A:
| ARGUMENT: | REASONING: |
Conflict with Articles 6 and 7:
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Articles 6 and 7 Are Transitional Provisions:
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Violation of the Right to Equality (Article 14):
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No Violation of the Right to Equality Under Article 14:
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Facilitation of “External Aggression” (Article 355):
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Section 6A Does Not Facilitate “External Aggression” Under Article 355:
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Violation of Cultural Rights Article 29(1):
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No Infringement of Cultural Rights Under Article 29(1):
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THE IMPLICATIONS:
- Validation of the Assam Accord: The Supreme Court’s decision upholds the legal framework established under the Assam Accord, providing clarity on migrants’ status and the process for granting citizenship in Assam.
- Affirmation of Parliamentary Powers: The judgment reaffirms Parliament’s authority to legislate on matters of citizenship, as empowered by Article 11 and Entry 17 of the Union List.
- Influence on Challenges to the Citizenship Amendment Act, 2019: The reasoning in this judgment may have implications for ongoing and future legal challenges to the Citizenship (Amendment) Act, 2019 (CAA), which also deals with granting citizenship to migrants from neighboring countries under specific conditions.
THE WAY FORWARD:
- Improving Implementation of Section 6A: Establish a robust system for verifying immigration dates, potentially using digital records and biometric data. Set clear timelines for the identification process, as Justice Pardiwala suggested in his dissenting opinion. Increase resources and staffing for Foreigners Tribunals to expedite pending cases (97,714 cases as of 2024).
- Addressing Demographic Concerns: Implement constitutional and legislative safeguards to protect Assamese culture, as promised in the Assam Accord. Promote cultural exchange programs to foster integration and understanding between different communities. As per the 2011 census, Assamese speakers comprised 48% of Assam’s population, down from 60.89% in 1971.
- Border Security Enhancement: Complete the fencing of the remaining 850 km of unfenced border with Bangladesh and strengthen cooperation with Bangladesh on border management and illegal migration.
- Economic Development: Establishing the Numaligarh Refinery in 1999 as part of the Assam Accord commitments has contributed significantly to the state’s economy. Encourage investment in sectors like tourism, tea, and oil refining.
- Balancing Cultural Preservation and Integration: Develop educational curricula that promote Assamese language and culture while respecting diversity. Create cultural centers and programs that showcase and preserve Assamese heritage. Implement policies to protect indigenous land rights.
THE CONCLUSION:
The Supreme Court’s verdict reinforces Parliament’s power to legislate on citizenship while addressing Assam’s unique challenges. This decision may influence future legal debates surrounding the Citizenship (Amendment) Act 2019, which introduced Section 6B with a different cut-off date for specific migrant groups. The ruling underscores the balance between national unity and cultural diversity in India’s citizenship laws.
UPSC PAST YEAR QUESTION:
Q. Two parallel-run schemes of the government, viz., the Adhaar Card and NPR, one voluntary and the other compulsory, have led to debates at national levels and litigations. On the merits, discuss whether or not both schemes need to run concurrently. Analyze the potential of the schemes to achieve developmental benefits and equitable growth. 2014
MAINS PRACTICE QUESTION:
Q. “The Assam Accord of 1985 and the Citizenship Amendment Act of 2019 represent two significant milestones in India’s approach to citizenship and immigration.” Critically examine.
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