Assam: 1971 to remain cut-off year, SC upholds Section 6A of Citizenship Act

New Delhi: The Supreme Court of India has upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which recognizes the Assam Accord.

According to Livelaw, the 5-judge Constitution Bench, led by Chief Justice of India DY Chandrachud, ruled in favour of the provision with a 4:1 majority.

The court held that the Assam Accord was a political solution to the problem of illegal migration, and Section 6A was the legislative solution.

The majority ruled that Parliament had the legislative competence to enact the provision.

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It may be mentioned that Section 6A was enacted to balance humanitarian concerns with the need to protect the local population.

The court found that singling out Assam from other states sharing a larger border with West Bengal was rational due to the higher percentage of immigrants among the local population.

The cut-off date of March 25, 1971, was deemed rational, as it marked the end of the Bangladesh liberation war.

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However, Justice JB Pardiwala delivered a dissenting judgment, holding Section 6A as unconstitutional.

The Assam Accord was negotiated in 1985 between the Indian government and representatives of the Assam Movement to address illegal immigration from Bangladesh.

Section 6A provided citizenship to immigrants meeting specific criteria.