Section 6A of the Citizenship Act, 1955 was added in 1985 as part of the Assam Accord, which aimed to address issues surrounding illegal immigration into Assam from neighbouring Bangladesh. This section creates specific provisions for granting Indian citizenship to individuals based on their entry date into Assam and defines procedures for detecting and deporting illegal immigrants in the state. Read here to learn more.
A Constitution Bench of the Supreme Court, in a majority judgment of 4:1 ratio, in October 2024 upheld the constitutionality of Section 6A of the Citizenship Act, 1955, which permits immigrants from Bangladesh residing in Assam to secure Indian citizenship, as a valid piece of legislation aligned to the Preambular value of fraternity.
Section 6A of the Citizenship Act, 1955
- Two Categories Based on Date of Entry:
- Pre-1966 Entrants: Individuals who entered Assam before January 1, 1966, are to be deemed Indian citizens.
- 1966–1971 Entrants: Those who entered Assam between January 1, 1966, and March 25, 1971, can gain citizenship after a ten-year waiting period if they register as foreigners with the government. Until the waiting period is complete, they cannot vote in elections.
- Post-1971 Entrants:
- Individuals who entered Assam after March 25, 1971, are not eligible for citizenship under this section and are considered illegal immigrants. Following the necessary detection processes, they are liable for deportation.
- Detection and Deportation Mechanism:
- Section 6A sets up a framework for identifying illegal immigrants, involving the Foreigners Tribunal in Assam, which assesses individuals’ citizenship claims and determines eligibility based on evidence of their entry date into India.
Controversy
Section 6A has been contentious for decades, especially in Assam, due to fears of demographic changes and cultural impacts from immigration.
- Many Assamese communities feel this provision undermines their rights and burdens state resources.
- Additionally, critics argue that it discriminates against Assam by setting different citizenship cutoffs than those in other parts of India.
- The section has faced multiple challenges in the Supreme Court, which has been asked to evaluate its constitutional validity due to potential conflicts with the right to equality (Article 14 of the Constitution).
Current Status
In 2019, the Citizenship (Amendment) Act (CAA) further complicated matters by granting fast-track citizenship to non-Muslim refugees from specific countries, raising questions about its interaction with Section 6A.
The Supreme Court continues to hear cases concerning Section 6A and has yet to reach a definitive ruling on its alignment with the Constitution.
Assam accord
The Assam Accord is a historic agreement signed on August 15, 1985, between the Government of India and the leaders of the Assam Movement, a six-year agitation led by the All-Assam Students’ Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP).
This movement, which began in 1979, was primarily aimed at addressing the issue of illegal immigration, particularly from neighbouring Bangladesh, which the local Assamese population feared could alter the region’s demographics, economy, and culture.
Key Provisions of the Assam Accord:
- Detection and Deportation of Illegal Immigrants:
- The accord set March 25, 1971, as the cut-off date for identifying illegal immigrants. Individuals who had entered Assam from Bangladesh after this date were to be detected and deported.
- Those who entered between 1951 and 1971 were allowed to stay in Assam but were denied voting rights for ten years.
- Safeguarding Cultural Identity:
- The accord committed the Indian government to provide constitutional, legislative, and administrative safeguards to protect the Assamese people’s cultural, social, and linguistic identity.
- This included promoting the Assamese language and culture.
- Economic Development:
- Provisions were included to accelerate Assam’s economic growth, focusing on infrastructure, education, and employment to address the state’s socio-economic challenges.
- Border Security:
- The accord proposed measures to secure the India-Bangladesh border to prevent further illegal immigration.
- Implementation Mechanism:
- A mechanism was proposed to ensure the proper implementation of the accord’s provisions, including the establishment of a tribunal system for the detection of illegal immigrants.
Implementation and Challenges
While the Assam Accord was a landmark achievement, its implementation has been slow and met with numerous challenges.
- The National Register of Citizens (NRC) update, conducted in Assam and published in 2019, was an effort to identify legal citizens based on the Accord’s cut-off date, but it left many in the state feeling marginalized.
- Additionally, the Citizenship Amendment Act (CAA) of 2019, which grants citizenship to persecuted minorities from neighbouring countries but excludes Muslims, has raised concerns in Assam, where many feel it contradicts the Assam Accord’s principles by allowing more immigrants into the state.
Conclusion
The recent Supreme Court decision upholding Section 6A of the Citizenship Act preserves a crucial framework for determining citizenship in Assam, aligning with the historic principles of the Assam Accord.
Section 6A, introduced in 1985, was designed to address the complex demographic changes in Assam due to migration, primarily from erstwhile East Pakistan (now Bangladesh).
The provision reflects a delicate balance between recognizing the humanitarian needs of migrants and safeguarding Assam’s socio-political identity.
The Assam Accord is a vital part of Assam’s political and cultural history, symbolizing the region’s struggle for identity and control over demographic changes. It is a cornerstone of Assamese nationalism and has influenced policies in Assam over the decades.
Chief Justice D.Y. Chandrachud, in his opinion, highlighted Section 6A’s intent to balance the humanitarian treatment of migrants with the preservation of Assam’s cultural identity.
It recognizes Assam’s unique historical context and the need to protect its cultural and political integrity while accommodating those who sought refuge due to the conflict in Bangladesh.
Frequently Asked Questions (FAQs)
Q. What is the Citizenship Act of India 1955?
Ans: The Citizenship Act of 1955, also known as Act No. 57 of 1955, is an Indian law that establishes the process for acquiring and determining Indian citizenship. The act provides citizenship to people born in India, with some limitations, and also outlines how foreigners can become citizens.
Q. What is the Assam Accord?
Ans: The Assam Accord agreed to protect Assamese cultural, economic and political rights. It was signed after six years of the Assam Movement. The leaders of the Assam Movement agreed to accept all migrants who had entered Assam before 1 January 1966.
Q. Why the validity of Section 6A was challenged in the Supreme Court?
Ans: The Assam Sanmilita Mahasangha and many other petitioners challenged the provision, saying that it singles out Assam and has facilitated mass immigration. They claimed that Assam’s demography has changed drastically due to the citizenship being granted to immigrants who claim that they entered Assam before March 25, 1971.
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-Article by Swathi Satish
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