The Supreme Court’s recent ruling upholding the citizenship of immigrants in Assam before 1971 has sparked significant debate and discussion. Chief Justice DY Chandrachud led a bench that ruled in favor of Section 6A of the Citizenship Act, impacting the demographic balance and cultural rights in the region. This decision clarifies the constitutionality of Section 6A and provides legal standing for the citizenship benefits granted to eligible immigrants.
In a recent landmark decision, the Supreme Court has upheld the validity of Section 6A of the Citizenship Act. This section grants citizenship to Bangladeshi refugees who arrived in Assam before 1971, particularly during the tumultuous period of the Bangladesh liberation war.
Chief Justice DY Chandrachud led a five-judge bench in a 4:1 ruling in favor of Section 6A. This decision allows non-resident Indians who migrated to Assam between 1966 and 1971 to be eligible for Indian citizenship, albeit without voting rights.
The addition of Section 6A to the Citizenship Act stemmed from the Assam Accord signed in 1985, which was a response to the refugee influx during the Bangladesh liberation war. It was seen as a humanitarian measure to address the status of migrants who arrived in Assam before March 25, 1971.
The Supreme Court emphasized the importance of Section 6A in preventing illegal immigration, with the designated cut-off date of March 25, 1971, deemed as a reasonable measure in maintaining the demographic balance and cultural rights of the original residents of Assam.
While the majority of the bench supported the constitutionality of Section 6A, Justice JB Pardiwala dissented from the decision, arguing against its constitutionality.
This ruling sheds light on the legal standing of Section 6A and solidifies the citizenship benefits granted to immigrants in Assam before 1971. It also addresses concerns surrounding illegal migration in the region and its impact on the population and cultural dynamics of Assam.
The Supreme Court’s decision marks a significant step in addressing issues of illegal immigration and providing clarity on citizenship benefits for eligible individuals in Assam.
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