The Chief Justice of India is currently leading a Constitution Bench to deliberate over a series of petitions challenging the constitutionality of Section 6A of the Citizenship Act, 1955. The bench will focus solely on the validity of Section 6A and will not involve discussions about the Assam National Register of Citizens (NRC).
A Look Back at Section 6A and its Origins
Section 6A was incorporated into law via the Citizenship (Amendment) Act, 1985, as a result of the Assam Accord that took place in the same year. The Assam Accord marked an agreement between the central government, the state government of Assam, and Assam Movement leaders who were seeking an end to the influx of illegal migrants from Bangladesh. Inaugurated in 1985, Section 6A was designed specifically for Assam and addressed issues surrounding the large-scale migration preceding the Bangladesh Liberation War of 1971.
The Specific Provisions and Implications of Section 6A
Section 6A introduced special provisions for Assam concerning individuals of Indian origin who entered the state from Bangladesh before January 1, 1966. These individuals were considered Indian citizens as of that date. Those who migrated between January 1, 1966, and March 25, 1971, and were verified to be foreigners, were required to register and granted citizenship after 10 years residency, subject to certain conditions. Those who arrived after March 25, 1971, were to be detected and deported according to the law.
The Constitutional Validity Challenges of Section 6A
Critics argue that Section 6A may infringe upon Articles 6 and 14 of the Constitution. Article 6 deals with the citizenship of those who migrated from Pakistan to India during the partition. It states that anyone who migrated before July 19, 1949, would become an Indian citizen if one of their parents or grandparents was born in India. According to petitioners, Section 6A violates Article 14 of the Constitution, which guarantees equality rights, and selectively singles out Assam for special citizenship criteria, leading to potential discrimination.
The Demographic and Cultural Impact of Section 6A
Section 6A has been criticized for its alleged contribution to increasing illegal migration from Bangladesh to Assam. Critics argue this creates an adverse impact on the state’s demographic composition with negative cultural ramifications. Critics also claim that granting citizenship to migrant populations perpetuates illegality and encourages continued influx.
The Concept of Citizenship
Citizenship denotes a legal status defining the relationship between an individual and a state, encompassing a range of rights and duties. The Constitution of India outlines the various aspects of citizenship in Articles 5 to 11, under which citizenship can be obtained via birth, descent, naturalization, registration and by renunciation or termination.
The Citizenship Act and Amendments
To regulate matters of citizenship in India, Parliament enacted the Citizenship Act in 1955. This law has since undergone six amendments in 1986, 1992, 2003, 2005, 2015, and lastly in 2019. The most recent amendment in 2019 granted citizenship to certain illegal migrants from Hindu, Sikh, Buddhist, Jain, Parsi, and Christian communities from Afghanistan, Bangladesh, and Pakistan, who entered India before December 31, 2014.
