Introduction

Recently, the Supreme Court asked the Central government to submit details on the number of immigrants who were conferred Indian citizenship through Section 6A of the Citizenship Act, 1955 (the Act).

• The Court further enquired about the details of the estimated inflow of illegal migrants into India and the steps taken to curb illegal immigration into India.

What were the Court’s Observations?

• A five judge Constitution Bench comprising of Chief Justice of India (CJI) D.Y Chandrachud and Justices Surya Kant, M.M. Sundresh, J.B. Pardiwala, and Manoj Misra was hearing a batch of petitions challenging the constitutional validity of Section 6A of the Act.
• The bench made it clear that its ambit was limited to examining the validity of Section 6A and not the Assam National Register of Citizens (NRC).
• The Bench will hear rejoinder submissions on 12^th December 2023.

What was the Supreme Court’s Role?

• In 2014, the Supreme Court directed that the Assam NRC exercise be completed by 31 January 2016.
• At the same time, the Supreme Court referred questions on the constitutionality of Section 6A of the Act, to a Constitution Bench.
• The questions tested Section 6A against various provisions of the Constitution and the Citizenship Act.
• In January 2023, while framing issues, the Bench whittled down the 13 questions to one overarching one, “whether Section 6A of the Act suffers from any constitutional infirmity.”
• Finally, in December 2023, almost nine years after the matter was referred to it, a Constitution Bench will convene to decide a citizenship matter that has so much riding on it.

What is Assam NRC?

• The Assam NRC is meant to identify illegal immigrants in the State who migrated from Bangladesh after March 24^th, 1971, following the war with Pakistan. Citizens widely protested the migration as a part of the Assam Movement against undocumented immigrants, led by the All-Assam Students Union and the All Assam Gana Sangram Parishad. They claimed they lost their jobs due to the influx of illegal immigrants into the state.
• In 1985, the Indian government and the representatives of the Assam Movement negotiated and drafted the Assam Accord in New Delhi. The Accord created three categories of immigrants.
  • Persons who came to Assam before January 1^st, 1966 - These persons were considered Indian citizens and were allowed to vote.
  • Persons who came to Assam after January 1^st, 1966, but before March 24^th, 1971 - These persons were considered Indian citizens but would not be allowed to vote for a period of 10 years following the date of their detection as Indian citizens.
  • Persons who came to Assam on or after March 25^th, 1971- These persons were considered illegal immigrants and were to be expelled from India.
• The NRC exercise in Assam was carried out under Section 6A of the Act and the rules framed in the Assam Accord (1985).

What is Section 6A of the Citizenship Act, 1955?

• Section 6A of the Act was introduced to give effect to the Assam Accord.
• It provides the framework to recognise migrants in Assam as Indian citizens or to expel them based on the date of their migration.

Conclusion

The onus is on the Supreme Court, being the Guardian of the Constitution, to interpret the provisions of the Act and test its Constitutionality. India has a civilization duty to protect those who are prosecuted in its neighbourhood. But, the methods must be in accordance with the spirit of the Constitution.