What Does the Contentious Provision State?
Section 6A: Part of the Citizenship Act, 1955, specifically for migrants in Assam from East Pakistan (now Bangladesh).
Grants citizenship to those who entered India before March 25, 1971.
Aimed at addressing historical migration issues and regulating citizenship based on specific conditions.
What Does the Assam Accord Signed in 1985 Stipulate?
Agreement between the Rajiv Gandhi government and student groups following protests against illegal immigration.
Established March 25, 1971, as the date after which migrants are considered foreigners.
Categorization of Migrants:
Those entering before January 1, 1966, are granted full citizenship rights.
Those arriving between January 1, 1966, and March 24, 1971, receive citizenship except voting rights for ten years.
Why Are There Different Cut-off Dates for Citizenship in Assam?
Reflects the unique circumstances of the Bangladesh Liberation War and its impact on Assam.
Recognizes the significant influx of Bengali migrants during the war, necessitating specific provisions for Assam.
Addresses local concerns regarding demographic changes and cultural preservation in Assam.
What Are the Court’s Findings?
The Supreme Court upheld Section 6A, viewing it as compatible with the Constitution.
Justices acknowledged the need to balance humanitarian considerations with Assam's socio-economic challenges.
The ruling indicated that Section 6A does not violate the rights of indigenous Assamese people, emphasizing coexistence of cultures.
Justice Kant warned against using Article 355 to justify actions that could undermine state autonomy.
Article 355 : Duty of the Union to protect States against external aggression and internal disturbance.
What Are the Potential Implications?
National Register of Citizens (NRC): The ruling strengthens the basis for the NRC, which has identified many residents as potential non-citizens.
The decision may bolster demands to repeal the Citizenship Amendment Act (CAA), which has a different cut-off date (December 31, 2014) for non-Muslim migrants.
Raises concerns over demographic imbalances and potential social unrest due to differing citizenship criteria.
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