Will first decide constitutionality of section 6A of Citizenship Act: SC

NEW DELHI: The Supreme Court on Tuesday said that it would first decide the validity of Section 6A of the Citizenship Act, 1955 which grants citizenship to illegal immigrants mostly from neighbouring Bangladesh, who entered Assam before March 1971. 

The provision which was inserted in furtherance of a Memorandum of Settlement was signed by Rajiv Gandhi government with leaders of the Assam Movement on August 15, 1985. Called “Assam Accord”, the settlement was signed for preserving and protecting Assamese culture, heritage, linguistic and social identity.

This section granted rights and obligations of Indian citizens to foreigners who entered Assam before January 1, 1966, and were “ordinarily resident” in the State.

It further said that the foreigners who entered the State between January 1, 1966, and March 25, 1971, would have the same rights and obligations except that they would not be able to vote for 10 years.

While hearing pleas preferred by Assam Public Works challenging section 6A of the Act, a five-judge bench headed by CJI DY Chandrachud said, “Whether section 6A suffers from any constitutional infirmity? That covers everything. We'll frame that primarily as the issue. That doesn't stop us from framing other issues later.” 

The bench also comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha also granted the parties three weeks to prepare common compilations.

The pleas challenging the said provision contended that the same was discriminatory as it was in violation of article 6 of the Constitution. According to the said article, July 19, 1948, was fixed as a cut-off date for granting citizenship.

The SC on December 17, 2014, had framed 13 questions for the purpose of covering various issues that were raised challenging the constitutionality of section 6A. In December 2015, the bench after framing 13 issues had referred them for adjudication by a five-judge bench.