Supreme Court Upholds Validity Of Section 6A Of Citizenship Act Recognizing Assam Accord

The section recognizes the Assam Accord which permits foreign migrants of Indian origin - who entered Assam between January 1, 1966 and March 25, 1971 - to claim Indian citizenship.
Supreme Court
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NEW DELHI: The Supreme Court, in an order on October 17, upheld the constitutional validity of Section 6A of the Citizenship Act 1955 by a 4:1 majority.

The section recognizes the Assam Accord which permits foreign migrants of Indian origin - who entered Assam between January 1, 1966 and March 25, 1971 - to claim Indian citizenship.

Section 6A of the Citizenship Act was embedded through an amendment made in 1985 in furtherance of the Assam Accord.

The landmark verdict was delivered by a five-Judge constitutional bench comprising Chief Justice of India DY Chandrachud, Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra.

Justice Pardiwala was the only judge who gave a dissenting judgment to hold Section 6A as unconstitutional.

“Mere presence of different ethnic groups in a state does not mean infringement of Article 29(1),” the Supreme Court said. 

In his ruling, CJI Chandrachud deemed the Assam Accord as a political solution to the problem of illegal migration and regarded Section 6A as a legislative solution.

The majority held that the Parliament had the legislative competence to enact the provision, he said.

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