Supreme Court upholds Section 6A, validating citizenship for Assam's immigrants

In a landmark ruling, the Supreme Court's Constitution Bench, headed by Chief Justice of India (CJI) DY Chandrachud, has upheld the constitutional validity of Section 6A of the Citizenship Act. This critical provision pertains to Bangladeshi immigrants who entered Assam between January 1, 1966, and March 25, 1971, allowing them to register as Indian citizens. Immigrants who entered after March 25, 1971, are excluded from obtaining citizenship, marking a key distinction in India's immigration policy.

Historical Context of Assam’s Immigration Issue

The issue of illegal immigration in Assam gained prominence following Bangladesh's independence from Pakistan on March 26, 1971. Local organizations, including the All Assam Students' Union (AASU) and Assam Gan Sangram Parishad (AAGSP), led protests against the growing influx of immigrants from East Pakistan (now Bangladesh). In response, the Indian government introduced Section 6A as part of the 1985 Assam Accord, an agreement brokered under then-Prime Minister Rajiv Gandhi. The provision sought to address concerns by regulating the influx of immigrants and identifying those who entered after March 25, 1971, for deportation.

Legal Challenges and Demographic Concerns

Numerous petitions were filed challenging Section 6A, with petitioners arguing that the provision disrupted Assam’s demographic balance and threatened the cultural identity of the indigenous Assamese population. They claimed that legitimizing unauthorised immigration would have long-term effects on the state's demographic structure. Petitioners further questioned why only Assam was subjected to this provision, which they argued fueled illegal immigration and cultural erosion.

Understanding Section 6A

Section 6A grants full citizenship rights to those who entered Assam before January 1, 1966. For those arriving between 1966 and 1971, similar rights are granted, but with a ten-year voting restriction. Critics contend that this provision has facilitated illegal immigration, exacerbating demographic and cultural tensions in the state.

The Supreme Court’s Examination

The Supreme Court clarified that its ruling focuses on the constitutionality of Section 6A, not Assam's National Register of Citizens (NRC). The government acknowledged challenges in detecting and deporting illegal immigrants and highlighted the difficulties posed by West Bengal's border policies, which complicate efforts to manage the Indo-Bangladesh border effectively.

Border Management Challenges

The Centre also emphasized the challenge of managing India’s 4,096.7 km porous border with Bangladesh, which features rivers and difficult terrain. Assam, sharing only 263 km of this border, faces additional hurdles due to West Bengal’s much larger 2,216.7 km stretch, complicating border management efforts and national security measures.

With the court reserving its judgment, this ruling will have significant implications for Assam's immigration policies, demographic structure, and future immigration controls.