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The Supreme Court upheld Section 6A of the Citizenship Act, which is vital for determining citizenship and identifying foreigners in Assam.
This decision preserves the legal framework established by the Assam Accord, avoiding complications in citizenship status for many in Assam.
Historical Background and Legal Implications
Section 6A was introduced in 1985 as part of the Assam Accord, which aimed to address immigration issues from East Pakistan (now Bangladesh).
It grants deemed citizenship to those who entered Assam from East Pakistan before January 1, 1966.
For immigrants from January 1, 1966, to March 25, 1971, a registration system was established.
They must be declared foreigners by a tribunal before applying for citizenship.
Those registered as citizens from this category cannot vote for 10 years after being identified as foreigners.
The Chief Justice emphasized balancing humanitarian concerns for immigrants with protecting Assam's cultural and political rights.
The Court rejected claims of unfair treatment, affirming Parliament's authority to create specific citizenship rules.
The ruling acknowledged demographic anxieties but argued such changes shouldn’t threaten the principle of fraternity.
With the National Register of Citizens unresolved, invalidating Section 6A would have led to further complications in citizenship verification.
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