New Delhi, Sept 20: The Supreme Court announced on September 20 that it will begin hearing on October 17 to examine the constitutional validity of Section 6A of the Citizenship Act, which pertains to illegal immigrants in Assam.
Section 6A of the Citizenship Act was introduced as a special provision to address the citizenship status of individuals covered by the Assam Accord. This provision stipulates that those who arrived in Assam on or after January 1, 1966, but before March 25, 1971, from specified territories, including Bangladesh, must register themselves under Section 18 for citizenship if they have been residing in Assam since then. Consequently, March 25, 1971, serves as the cutoff date for granting citizenship to Bangladeshi migrants in Assam.
A five-judge Constitution bench led by Chief Justice D Y Chandrachud noted that the counsel for the involved parties has prepared a common compilation of materials related to the matter. However, the bench emphasized the need to streamline the common compilation and instructed that a common index be prepared. The soft copy of the common compilation should be ready by October, and written submissions are to be filed by October 10.
The title of the proceedings in the top court will be “In Re: Section 6A of the Citizenship Act, 1955.”
On December 13, the Supreme Court directed the counsel for the contesting parties to determine the issues for adjudication in a batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act concerning illegal immigrants in Assam. The bench had ordered the segregation of cases that require decisions before the court into distinct categories and the establishment of an order for arguments.
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The top court also asked the apex court registry to provide scanned soft copies of the complete set of pleadings filed on the issue. A total of 17 petitions, including one filed by Assam Public Works in 2009, are pending in the apex court concerning this matter.
Before this, the Constitution bench had instructed the parties to create joint compilations containing written submissions, precedents, and any other documentary material that would be relied upon during the hearing. A common index was to be prepared in three separate volumes for the above compilations.
Section 6A of the Citizenship Act was introduced as part of the Assam Accord, signed by the All Assam Students Union, the Assam government, and the Government of India on August 15, 1985. It was designed to identify and deport foreigners and provide a pathway to citizenship for migrants in Assam.
In 2012, a Guwahati-based NGO challenged Section 6A, arguing that it was arbitrary, discriminatory, and unconstitutional, primarily due to its provision of different dates for regularizing illegal migrants in Assam. In 2014, a two-judge bench referred the matter to the Constitution bench for further consideration.
