Supreme Court’s ruling on Section 6A, Assam immigration to be announced today

The Supreme Court is set to announce a landmark ruling today on the constitutional validity of Section 6A of the Citizenship Act. This crucial provision allows Bangladeshi immigrants, who entered Assam between January 1, 1966, and March 25, 1971, to register as Indian citizens, while denying the same status to those arriving after this cutoff date.

Background and historical context

Section 6A was introduced in the Citizenship Act as part of the Assam Accord, a memorandum signed on August 15, 1985, under the leadership of then-Prime Minister Rajiv Gandhi. The Accord aimed to address growing concerns over illegal immigration from Bangladesh, which intensified after the country’s separation from Pakistan on March 26, 1971. Protests led by student organizations like the All Assam Students’ Union (AASU) and the Assam Gan Sangram Parishad (AAGSP) further emphasized the need for stricter immigration controls.

Legal concerns and challenges

Petitioners challenging Section 6A argue that the influx of illegal immigrants has disrupted Assam's demographic balance. They claim that the rights of indigenous Assamese people are at risk, contending that the provision legitimizes unauthorised immigration, and have raised concerns about why only Assam is subject to this rule.

Focus of the court and government’s stance

The Constitution Bench, led by Chief Justice D.Y. Chandrachud, will rule on the validity of Section 6A, leaving out discussions on Assam's National Register of Citizens (NRC). The government has acknowledged challenges in managing illegal immigration, citing difficulties along Assam's porous border with Bangladesh.