In a significant ruling, the Supreme Court of India has upheld the constitutionality of Section 6A of the Citizenship Act. This section grants Indian citizenship to certain individuals from Bangladesh who arrived in Assam before January 1, 1966. The decision was delivered by a 4:1 majority in a Constitution Bench.
The court found that Section 6A is aligned with the principle of fraternity enshrined in the Indian Constitution. It noted that the provision was introduced to address the influx of migrants from Bangladesh and to provide a solution to the complex issue of citizenship for those who had settled in Assam prior to the specified date.
Key points from the ruling:
- Validity of Section 6A: The court upheld the constitutionality of the section, finding it to be a valid piece of legislation.
- Fraternity principle: The court emphasized that Section 6A is consistent with the principle of fraternity, which promotes the idea of living together in harmony.
- Assam Accord: The court recognized the Assam Accord as a political solution to the issue of migration and noted that Section 6A was a legislative response to the same.
- Cut-off date: The court upheld the cut-off date of January 1, 1966, as a reasonable and non-discriminatory criterion for determining citizenship.
While the majority upheld Section 6A, one dissenting judge expressed concerns about the potential impact of the decision on the rights of indigenous people in Assam.
The ruling is expected to have significant implications for the citizenship status of millions of people in Assam. It is also likely to spark further debate and discussion on the issue of immigration and citizenship in India.
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