In a landmark decision on Thursday, the Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act but highlighted the urgent need for more robust policy measures to manage illegal immigration and strengthen border security.
The ruling, delivered by a Constitution bench led by Chief Justice of India D.Y. Chandrachud, also included Justices Surya Kant, M.M. Sundresh, J.B. Pardiwala, and Manoj Misra, emphasized the complexities in controlling immigration from Bangladesh into Assam and other border states of India.
Justice Surya Kant, in a detailed 184-page judgment, underscored the significant challenges posed by the unsealed and poorly monitored borders. “Despite the provisions of Section 6A, aimed at curbing illegal immigration post-1971 by granting citizenship to earlier migrants, there remains a continual influx through various porous border states. The incomplete border fencing exacerbates this challenge,” Justice Kant wrote.
The bench pointed out that the Union of India struggled to provide accurate figures of illegal migrants post-March 25, 1971, due to the secretive nature of such movements. “This lack of precise data highlights the necessity for stringent and effective policy measures to prevent these illicit crossings and to bolster the regulation of our borders,” Justice Kant added.
He also revealed that around 97,714 cases are currently pending before the foreigner tribunals and nearly 850 kilometers of the border are either unfenced or inadequately monitored, further complicating the efforts to control immigration.
The apex court reiterated the need for full implementation of the directives issued in the Sarbananda Sonowal judgments, which call for the identification, detection, and deportation of illegal Bangladeshi immigrants. Additionally, the court observed that the current statutory machinery and tribunals in Assam are insufficient for the tasks at hand.
