Explainer: The Constitutional Validity of Section 6A of the Citizenship Act

New Delhi: The Supreme Court of India recently upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which grants Indian citizenship to immigrants who arrived in Assam between January 1, 1966, and March 25, 1971. 

A five-judge Constitution Bench, led by Chief Justice DY Chandrachud, noted that the Assam Accord was a political solution aimed at addressing the issue of illegal migration in the region.

The court emphasised that the cut-off date of March 25, 1971, is constitutionally valid for granting citizenship in Assam. Section 6A was introduced in 1985 to operationalise the Assam Accord, a peace agreement signed after a six-year anti-foreigner movement. The Accord required that all foreigners who entered Assam after March 25, 1971, be identified, removed from electoral rolls, and deported.

Historical Context of the Indian Citizenship Act

The Indian Citizenship Act is rooted in India’s post-colonial journey and its need to define citizenship in a newly independent state. The history of the Act can be understood in the following stages:

1. Colonial Era: During British rule, the concept of “citizenship” in the modern sense didn’t exist. People were subjects of the British Crown, and laws varied across princely states and British territories.

2. Indian Independence Act, 1947: The Act that marked the partition of British India into India and Pakistan didn’t define citizenship. The mass displacement caused by Partition made it urgent to establish clear guidelines on citizenship.

3. Constitution of India, 1950: The Constitution came into effect on January 26, 1950, and its Part II (Articles 5-11) outlined citizenship rules. Article 11 empowered Parliament to legislate on citizenship.

4. Citizenship Act, 1955: This Act implemented the constitutional provisions on citizenship. It established rules for acquiring and terminating citizenship and provided mechanisms for citizenship by birth, descent, registration, naturalization, and territorial incorporation.

Key Amendments to the Citizenship Act

The Citizenship Act has been amended several times to respond to changing social and political conditions:

    •    1986 Amendment: Narrowed citizenship by birth, requiring at least one parent to be an Indian citizen.
    •    2003 Amendment: Introduced Overseas Citizenship of India (OCI) and made stricter rules for citizenship by birth, requiring both parents to be Indian citizens or one parent to be an Indian citizen and the other not an illegal migrant.
    •   2019 Amendment (CAA): Offered a path to citizenship for non-Muslim refugees from Pakistan, Bangladesh, and Afghanistan who had faced religious persecution. The CAA sparked protests, as critics claimed it violated the secular principles of the Constitution.

Section 6A of the Citizenship Act

Section 6A, introduced in 1985 as part of the Assam Accord, addresses the issue of citizenship for individuals who migrated from Bangladesh into Assam before specific cutoff dates.

Key Provisions of Section 6A

    •    Citizenship for Persons Entering Assam before 1st January 1966:
    •    Those of Indian origin who arrived in Assam before this date and have resided there since will be considered Indian citizens from the date of entry.
    •    Citizenship for Persons Entering Assam between 1st January 1966 and 24th March 1971:
    •    These individuals are not immediately granted citizenship. Their names are removed from electoral rolls for 10 years, after which they can register for citizenship and have their names restored to the rolls.
    •    Detection and Expulsion of Persons Entering after 24th March 1971:
    •    Anyone entering Assam after this date is considered an illegal immigrant and is subject to detection and expulsion under the Foreigners Act and the Citizenship Act.
    •    Tribunals for Citizenship Determination:
    •    Tribunals will be established to determine the citizenship status of suspected illegal immigrants.

Scope and Objectives of Section 6A

The goal of Section 6A is to address large-scale migration from Bangladesh to Assam, balancing the interests of the local population with providing a pathway to citizenship for long-settled communities. The Assam Accord aimed to resolve this contentious issue through compromise.

    •    Section 6A has been controversial due to concerns that it dilutes the rights of Assam’s indigenous communities by granting citizenship to a large number of migrants.
    •    It has also been debated in the context of the National Register of Citizens (NRC), with some arguing it addresses human rights concerns for long-settled migrants, while others claim it erodes the rights of locals.

In recent rulings, the Supreme Court’s endorsement of Section 6A underscores its critical role in the legal and political framework of Assam’s citizenship laws. It reflects the delicate balancing act between regional concerns and broader constitutional principles.