The Supreme Court on October 17 upheld the constitutional validity of Section 6A of the Citizenship Act related to the grant of Indian citizenship to immigrants in Assam by a majority verdict of 4:1.
- A five-judge Constitution bench headed by Chief Justice of India said the Assam Accord was a political solution to the problem of illegal migration.
- The court also held that Parliament had the legislative competence to enact the provision.
- The section 6A was inserted in 1985 following the Assam Accord. It created a special provision for Assam by which persons of Indian origin who came from Bangladesh before 1st January 1966, were deemed to be citizens of India as of that date.
- The section also said that, Persons of Indian origin who entered Assam between 1st January 1966, and 25th March 1971, and were required to register themselves.
- They were granted citizenship only after 10 years of residence. However, Section 6A specified a cut-off date of 25th March, 1971 and said that persons entering after the cutoff date will be termed illegal immigrants.
- However, certain indigenous groups of Assam have challenged this provision, contending that it legalised illegal infiltration of foreign migrants from Bangladesh.
