On December 5, a Constitution bench comprising five judges of the Supreme Court of India commenced the hearing on 17 petitions to scrutinize the constitutional validity of section 6A of the Citizenship Act pertaining to illegal immigrants in Assam.
Chief Justice D Y Chandrachud is leading the Constitution bench, which also includes Justices Surya Kant, M M Sundresh, J B Pardiwala, and Manoj Misra.
Senior advocate Shyam Divan, representing the petitioners, is presenting arguments in the case, delving into the historical background of the litigation and referencing the apex court’s 2014 judgment that referred the pleas to the larger Constitution bench.
Section 6A of the Citizenship Act was introduced as a special provision to address the citizenship status of individuals covered by the Assam Accord.
The provision stipulates that those who arrived in Assam between January 1, 1966, and March 25, 1971, from specified territories, including Bangladesh, as per the 1985 amendment to the Citizenship Act, must register themselves under section 18 for citizenship if they have been residents of Assam since then.
Notably, March 25, 1971, is established as the cutoff date for granting citizenship to Bangladeshi migrants in Assam.
In a previous hearing in September, the Supreme Court of India designated the proceeding as “In Re: Section 6A of the Citizenship Act, 1955.”
The bench outlined that the contesting parties would consist of those challenging the constitutional validity of section 6A and those, including the Union of India and the State of Assam, supporting its validity.
The court directed the registry to provide scanned soft copies of the complete set of pleadings filed on the issue.
Currently, 17 petitions, including one filed by the Assam Public Works in 2009, are pending before the apex court on this matter.
The insertion of Section 6A into the Citizenship Act under the Assam Accord of August 15, 1985, aimed at granting citizenship to migrants to Assam and was signed by the All Assam Students Union, Assam government, and the Government of India.
In 2012, a Guwahati-based NGO challenged Section 6A, alleging it to be arbitrary, discriminatory, and unconstitutional, contending that it establishes different dates for regularizing illegal migrants in Assam.
The matter was subsequently referred to the Constitution bench by a two-judge bench in 2014.
