Assam Accord: SC Reserves Order on Pleas Challenging Constitutional Validity of Sec 6A of Citizenship Act

The Supreme Court on Tuesday reserved its order on petitions challenging the constitutional validity of Section 6A of the Citizenship Act pertaining to the conferment of Indian citizenship on illegal immigrants in Assam.

Chief Justice of India DY Chandrachud, alongside Justices Surya Kant, M M Sundresh, J B Pardiwala, and Manoj Misra, considered the arguments presented by Attorney General R Venkataramani, Solicitor General Tushar Mehta, and senior advocates Shyam Divan, Kapil Sibal, and others over a four-day period before reserving the judgment.

The bench reserved its order on 17 petitions that question the constitutional validity of Section 6A, which was incorporated into the Citizenship Act as a specific provision to address the citizenship status of individuals covered by the Assam Accord. The provision mandates that those who arrived in Assam on or after January 1, 1966, but before March 25, 1971, from specified territories, including Bangladesh, in accordance with the Citizenship Act amended in 1985, and have been residents of the northeastern state since then, must register under Section 18 to acquire Indian citizenship.

Consequently, the provision establishes March 25, 1971, as the cutoff date for granting citizenship to migrants, especially those from Bangladesh, residing in Assam.