Context: In a landmark ruling, the Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which granted citizenship to immigrants who entered Assam before January 1, 1966. This verdict is part of an ongoing legal and social debate over the status of immigrants, the rights of indigenous communities, and the demographic changes in the state.

Key Points

• Background of Section 6A: This provision was included in the Citizenship Act as part of the Assam Accord, signed on August 15, 1985, between the Rajiv Gandhi government and Assam Movement leaders following the Indo-Pakistan War of 1971.

• Provisions of Section 6A: It grants citizenship rights to foreigners who entered Assam before January 1, 1966, as “ordinarily resident” in the state. Those who arrived between January 1, 1966, and March 25, 1971, have similar rights, but cannot vote for 10 years.

• Petitioner Concerns: Petitioners argued that Assam was unfairly singled out for Section 6A, claiming it has led to increased infiltration. They sought to challenge its constitutionality.

• Majority Opinion: The majority, stated that Section 6A does not violate the Citizenship Act's provisions and is reasonable. They emphasized its humanitarian need and alignment with cultural preservation.

• Judge Dissent: He acknowledged that while Section 6A was valid initially, it has become unconstitutional over time.

• Reasonableness of Cut-off Date: The CJI stated that the March 25, 1971, cut-off date is not arbitrary and balances migration needs with economic impacts.

• Cultural Protections: He emphasized that the presence of different ethnic groups does not inherently infringe on minority rights under Article 29(1) of the Constitution.

• Implications for NRC and CAA: The verdict will significantly impact Assam's National Register of Citizens (NRC) and raise questions about the contentious Citizenship Amendment Act (CAA) of 2019, which establishes a different timeline for citizenship.

What is Section 6A?

• Section 6A was introduced to the Citizenship Act, 1955, as part of the Assam Accord signed in 1985. This accord aimed to address the concerns of local Assamese regarding the influx of migrants from Bangladesh.

• Provisions: The section specifically grants citizenship to individuals who migrated to Assam from Bangladesh before January 1, 1966, thus providing a different cut-off date for Assam compared to the rest of India.

• Purpose: It was designed to protect the rights of indigenous Assamese people while acknowledging the historical context of migration in the region. The provision was part of a broader effort to manage demographic changes resulting from the influx of migrants.

About Citizenship

• Articles 5-11 of the Constitution describe the various categories of persons who are entitled to citizenship. These were enforced on November 26, 1949, ahead of the commencement of the Constitution on January 26, 1950. Article 11 empowers Parliament to regulate citizenship by law; the Citizenship Act was, therefore, passed in 1955. It has since been amended 1986, 2003, 2005, and 2015.

• Article 5 provided for citizenship on the commencement of the Constitution: all those domiciled and born in India, either of whose parents was born in India, or anyone who had been ordinarily resident in India for at least five years preceding the commencement of the Constitution.

• Under Article 6, anyone who migrated to India before July 19, 1948, from territory that had become part Pakistan, automatically became a citizen if either of their parents or grandparents was born in India. But those who entered India after this date needed to register themselves.

• Those who had migrated to Pakistan after March 1, 1947, but had subsequently returned on resettlement permits, too, were included within the citizenship net (Article7).

• Under Article 8, a person of Indian origin residing outside India who, or any of whose parents or grandparents, was born in India can register as an Indian citizen with the relevant Indian diplomatic mission.

Rights of Citizen: The Constitution gives some fundamental rights to non-citizens —

• the right to equality before the law (Article 14)

• protection of life and personal liberty (Article 21)

• freedom to manage religious affairs (Article 25)

• However, some other fundamental rights, such as prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15); equality of opportunity in matters of public employment (Article 16); and the six basic freedoms of speech and expression, peaceful assembly, forming associations or unions, movement, residence, and profession (subject to reasonable restrictions, Article 19), are available only to citizens.

• Also, only a citizen has the right to vote in elections to Lok Sabha and state Assemblies (Article 326), become a member of these Houses (Articles 84, 191d), and assume certain high offices such as those of President, Vice-President, Governor, and a judge of the higher judiciary.