Constitutional Bench Examines Challenge to Citizenship Act’s Section 6A

December 8, 2023

On December 5, a five-judge Constitution bench of the Supreme Court commenced hearings on petitions challenging Section 6A of the Citizenship Act. This provision, introduced following the Assam Accord of 1985, determines who is considered a foreigner in the state and was the basis for the final National Register of Citizens (NRC) in Assam in 2019.

What is the Challenge?

The plea challenges the core element of the Assam Accord, specifically Clause 5, which establishes January 1, 1966, as the base cut-off date for detecting and deleting “foreigners” in Assam. Section 6A of the Citizenship Act, introduced as an amendment, sets March 24, 1971, as the cut-off date for entry into the state. The challenge argues that this provision is discriminatory, arbitrary, and violates the rights of indigenous Assamese people.

Constitutional Issues at Stake

The constitutional bench, headed by Chief Justice of India DY Chandrachud, is set to address various issues related to Section 6A, including:

Whether Section 6A violates Articles 10 and 11 of the Constitution.
The impact on the political rights of citizens in Assam.
The scope of the fundamental right under Article 29(1) regarding culture conservation.
Violation of Article 14, singling out Assam and having a separate cut-off date.
Violation of Article 21 due to adverse effects on the lives of citizens.
Whether Section 6A violates the basic premise of the Constitution and the Citizenship Act.
The application of the Immigrants (Expulsion from Assam) Act, 1950, and its exclusivity.

Why is Section 6A Challenged?

The primary petitioner, Assam Sanmilita Mahasangha (ASM), argues that the different cut-off date for Indian citizenship in Assam (1971) compared to the rest of India (1948) is discriminatory. ASM contends that this has led to a change in the demographic pattern of the state, reducing indigenous Assamese people to a minority. They claim it is detrimental to the state’s economic and political well-being.

Significance of the Challenge

The challenge to Section 6A has broader implications for citizenship, “illegal immigrants,” and the rights of indigenous Assamese citizens. It questions the constitutional validity of the provision and seeks to establish 1951 as the cut-off date for inclusion in the NRC in Assam.

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