The Supreme Court has scheduled hearings for a series of petitions challenging the constitutionality of Section 6A of the Citizenship Act, 1955, starting November 7. These petitions primarily dispute the provisions of the Assam Accord, which laid the foundation for the National Register of Citizens (NRC) in Assam, published in 2019.
Initially slated for a hearing on October 17, the proceedings were rescheduled due to the miscellaneous week at the Supreme Court, and will now commence after the Diwali break.
In September, a five-judge Constitution Bench, led by Chief Justice of India DY Chandrachud, issued procedural directions for the batch of petitions contesting Section 6A of the Citizenship Act, 1955.
In January, the apex court identified the primary question in the case as whether Section 6A of the Citizenship Act, 1955, is constitutionally sound.
The challenge to Section 6A dates back to 1985 when the Rajiv Gandhi government entered into an accord with Assam student leaders, necessitating an amendment to Section 6 of the Citizenship Act. This followed a prolonged agitation against illegal Bangladeshi immigrants in the state. The amended Section 6A stipulated that individuals of Indian origin who arrived in Assam before January 1, 1966, and had been residing there continuously since their entry, would be recognized as Indian citizens from January 1, 1966.
Under clause 5 of the Assam Accord, January 1, 1966, was established as the cut-off date for the identification and removal of “foreigners.” However, it also provided provisions for the regularization of individuals who arrived in Assam after that date but before March 24, 1971.
Section 6A designates March 24, 1971, as the cut-off date for entry into the state, categorizing those who arrived after that date as “illegal immigrants.” Notably, Assam is the sole state in India with such a cut-off date. The Bench will now evaluate the constitutional validity of Section 6A, which formed the basis for the 2019 Assam NRC.
It’s worth mentioning that Section 6A contrasts with Section 3 of the Citizenship Act. The plea challenging Section 6A seeks to establish 1951 as the cut-off date for inclusion in the National Register of Citizens, rather than 1971.”