New Delhi : In a landmark ruling on Thursday, the Supreme Court validated Section '6A' of the Citizenship Act, confirming its constitutionality. This section specifically grants Indian citizenship to immigrants who entered Assam between January 1, 1966, and March 25, 1971. The decision was delivered by a five-judge bench, which upheld the provision by a vote of four to one. Chief Justice of India, in his remarks during the judgment, emphasized that the 'Assam Accord' was a political resolution to the issue of illegal immigration, leading to the inclusion of this special provision in the Citizenship Act.
The Accord was the result of negotiations between the then Rajiv Gandhi government and the All Assam Students' Union (ASU). While the majority of the bench recognized the unique circumstances of Assam, with its small geographical size and the complexities involved in identifying foreign nationals, they affirmed the necessity of this provision. Justices M. M. Sundaresh and Manoj Mishra also concurred with the Chief Justice's opinion. However, dissent arose from Justice J. B. Pardiwala, who contended that Section '6A' poses significant risks of misuse. In his separate dissenting opinion, he expressed concerns that the lack of a time limit within this provision could lead to fraudulent citizenship claims, facilitated by forged documentation.
He argued that the absence of a definitive deadline for the citizenship process leaves the door open for potential exploitation. The ruling has significant implications for Assam and the broader discourse on immigration and citizenship in India, reaffirming the contentious balance between national identity and the rights of immigrants. As the state navigates its complex demographic challenges, the Supreme Court's decision will likely continue to provoke debate among policymakers, legal experts, and the public.