The Supreme Court's judgment on Section 6A of the Indian Citizenship Act has put the seal on the debate regarding the cut-off date to detect illegal immigrants. In a majority decision, the court upheld the constitutional validity of Section 6A, which grants Indian citizenship to immigrants from Bangladesh who entered Assam before March 25, 1971. The ruling thus reinforces the 1985 Assam Accord that was signed after a six-year-long agitation against foreigners in Assam. The Assam Accord, a political compromise, formed the basis for Section 6A, addressing the unique situation in Assam. This verdict is thus seen as a victory for those who oppose granting citizenship to immigrants who entered Assam after the specified date. Chief Justice of India D.Y. Chandrachud emphasised that the cut-off date of March 25, 1971, is rational due to the Pakistani Army's operation launched to curb the Bangladeshi nationalist movement in East Pakistan. This operation marked a turning point, distinguishing migrants of Indian Partition from those fleeing war.
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Justice Surya Kant concurred, highlighting humanitarian concerns and inter-state relations as crucial factors in granting citizenship. However, Justice J.B. Pardiwala dissented, citing manifest arbitrariness in the procedure prescribed by Section 6A. The lack of a time limit for detecting foreigners eligible for citizenship under Section 6A(3) may lead to differential application. This judgment has significant implications for Assam's demographics and resources. Supporters argue it protects the rights of indigenous populations, while critics see it as discriminatory.
Assam had recently decided to implement recommendations of the Justice Biplab Sarma committee on the crucial Clause 6 of the Assam Accord. However, the much-touted National Register of Citizens is yet to see the light of day. Unless these are done, there will be no real gain in the Supreme Court holding the cut-off date as constitutional.
