Assam Accord: Supreme Court reserves verdict on pleas challenging Section 6A of Citizenship Act

Guwahati: The Supreme Court of India on Tuesday reserved its order on petitions challenging the constitutional validity of Section 6A of the Citizenship Act related to grant of Indian citizenship to illegal immigrants in Assam.

A five-judge constitution bench which is headed by Chief Justice DY Chandrachud heard the submissions of Attorney General R Venkataramani, Solicitor General Tushar Mehta, senior advocates Shyam Divan, Kapil Sibal and others for four days before reserving the judgement.

There were 17 petitions questioning the constitutional validity of Section 6A, which was inserted into the Citizenship Act as a special provision to deal with the citizenship of people covered under the Assam Accord.

Last week on December 7, during the last date of the hearing, the top court questioned the government as to what steps have been taken so far to curb illegal migration into Indian territory and directed it to furnish data on the number of Bangladeshi immigrants granted citizenship in Assam between January 1, 1966, and March 25, 1971, under section 6A (2) of the Citizenship Act, 1955.

The Central government in response filed an affidavit before the bench on Tuesday, saying it would not be possible to provide accurate data on the number of illegal migrants living in the country, as they entered into the country in a “clandestine and surreptitious manner.”

“Illegal migrants enter the country without valid travel documents in a clandestine and surreptitious manner. The detection, detention, and deportation of such illegally staying foreign nationals is a complex, ongoing process,” the affidavit said.

The affidavit further stated that 14,346 foreign nationals were deported from the country between 2017 and 2022, and 17,861 migrants who had entered Assam between January 1966 and March 1971 were given Indian citizenship under the provision.

“32,381 persons were declared foreigners by orders of Foreigners Tribunals between 1966 and 1971,” it mentioned.

Moreover, a sum of Rs. 122 crore was sanctioned by the Centre towards the functioning of such tribunals.

A Guwahati-based civil society organization, Sanmilita Mahasangha, along with other petitioners, had moved the Supreme Court and challenged Section 6A way back in 2012.