The Supreme Court upheld Section 6A of the Citizenship Act, which grants Indian citizenship to illegal immigrants in Assam, in a 4:1 majority decision.
The Constitution Bench confirmed that Section 6A benefits individuals who entered Assam between January 1, 1966, and March 25, 1971, primarily from Bangladesh. Chief Justice DY Chandrachud, leading the five-judge bench, emphasized that the Assam Accord addresses the challenges of illegal migration. The influx of immigrants following Bangladesh’s creation has significantly threatened Assam’s cultural and demographic integrity.
In their majority judgment, Justices Suryakant, MM Sundaresh, and Manoj Mishra affirmed Parliament’s authority to enact this provision. Justice Pardiwala dissented, declaring Section 6A unconstitutional.
The court’s ruling responded to a petition arguing that the arrival of Bangladeshi refugees disrupts Assam’s demographic balance and infringes upon the political and cultural rights of the state’s original residents. Chief Justice Chandrachud noted that while the central government could have implemented this act elsewhere, it specifically tailored it for Assam due to the considerable impact of migration on its culture. He pointed out that the effects of 40 lakh migrants in Assam are more pronounced than those of 57 lakh in West Bengal, given Assam’s smaller area.