In a significant ruling, the Supreme Court of India has upheld the constitutional validity of Section 6A of the Citizenship Act, which pertains to the citizenship status of illegal immigrants in Assam. The decision was rendered by a majority of 4:1 by a five-judge Constitution bench led by Chief Justice DY Chandrachud.
The court’s decision comes in the context of the Assam Accord, which was established as a political response to the longstanding issues of illegal migration affecting the state. The Accord and the subsequent legal provisions have been pivotal in shaping the criteria for citizenship in Assam.
Justices Surya Kant, M M Sundresh, and Manoj Misra concurred in the majority opinion, affirming that the Parliament possesses the necessary legislative competence to enact such provisions under the law. The majority judgment emphasized that Section 6A addresses specific circumstances unique to Assam, reflecting a tailored approach to the state’s complex demographic and political challenges.
However, the bench was not unanimous, as Justice Pardiwala provided a dissenting opinion, arguing that Section 6A is unconstitutional. Justice Pardiwala’s dissent highlights the ongoing legal and ethical debates surrounding citizenship and the rights of immigrants and indigenous people.
