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Supreme Court Upholds Section 6A of Citizenship Act, Reinforces 1971 Assam Accord Cut-Off

The ruling confirms the March 24, 1971, cut-off date for identifying illegal immigrants in Assam, aligning with the historic Assam Accord.

The bench, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, also flagged the problem of continued influx of immigrants into India as “serious”, and decided to set up a bench to monitor the implementation of its directions, underscoring the need to curb illegal movement of immigrants by fencing the porous borders with Bangladesh. (ANI)
The Supreme Court (PTI FILE PHOTO)
The majority verdict held that cut off date of March 25, 1971 for entry into Assam and granting citizenship is correct. (Representative file photo)
In his separate opinion, Justice JB Pardiwala stated that Section 6A has become counter-productive to the intended purpose of restricting citizenship to select persons of Indian origin who came from Bangladesh prior to March 25, 1971. (HT Photo)

Overview

  • The Supreme Court delivered a 4:1 verdict upholding the constitutional validity of Section 6A of the Citizenship Act.
  • Section 6A provides citizenship to those who entered Assam between January 1966 and March 25, 1971, as per the Assam Accord.
  • Opposition parties in Assam welcomed the decision, viewing it as a victory for the state's integrity and a resolution to the immigration issue.
  • The ruling dismisses challenges that the provision violates cultural and economic rights, emphasizing its legislative intent to protect Assamese identity.
  • The decision also impacts the ongoing NRC process, clarifying procedures for detecting and deporting post-1971 illegal immigrants.