Section 6A of the Citizenship Act 1955 permits foreign migrants of Indian origin who arrived in Assam between January 1, 1966, and March 25, 1971, to apply for Indian citizenship. This provision was introduced in 1985 as part of the Assam Accord, an agreement between the Government of India and leaders of the Assam movement, which sought to address the issue of illegal migration from Bangladesh. The cut-off date of March 25, 1971, marks the conclusion of the Bangladesh Liberation War.

However, certain indigenous groups in Assam have challenged this provision, arguing that it effectively legitimises the illegal infiltration of migrants from Bangladesh. These groups contend that the inclusion of this provision undermines their cultural and demographic integrity.

SC upholds validity of Section 6A of the Citizenship Act

The Supreme Court on Thursday upheld the constitutional validity of Section 6A of the Citizenship Act related to the grant of Indian citizenship to illegal immigrants in Assam by a majority verdict of 4:1.

A five-judge Constitution bench headed by Chief Justice DY Chandrachud said the Assam Accord was a political solution to the problem of illegal migration.

Justices Surya Kant, M M Sundresh and Manoj Misra in their majority verdict held that Parliament had the legislative competence to enact the provision.

Justice Pardiwala gave a dissenting judgement to hold Section 6A as unconstitutional. 

Know more about NRC & CAA

What is NRC ?

The National Register of Citizens (NRC) is a record that lists all legitimate Indian citizens, with Assam being the only state currently implementing it. 

There are discussions about extending this exercise to other states. Nagaland is already in the process of developing a similar database called the Register of Indigenous Inhabitants. Additionally, the Centre is planning to establish a National Population Register (NPR), which will include demographic and biometric information of citizens across the country.

NRC in Assam
 

The National Register of Citizens (NRC) in Assam serves as a list of Indian citizens residing in the state, aimed at identifying foreign nationals, particularly those from Bangladesh. The process to update the NRC commenced following a Supreme Court order in 2013, requiring the nearly 33 million residents to prove their Indian nationality prior to March 24, 1971. 

The final updated NRC was published on August 31, revealing that over 1.9 million applicants were excluded from the list. A key criterion for inclusion was that an applicant's family members must have been listed in the first NRC from 1951 or on electoral rolls up to the cut-off date. Applicants could also present various documents, including refugee certificates, birth certificates, and government-issued licenses, to establish their citizenship.

The government has clarified that the non-inclusion of an individual's name in the NRC does not automatically label them as a foreigner; these individuals can appeal to foreigners' tribunals. If unsuccessful, they may escalate their case to the high court and then to the Supreme Court. The Assam government has assured that no individual will be detained until officially declared a foreigner by a tribunal.

For those struggling to locate legacy data, the government has established NRC Seva Kendras in each district to assist with searches and the issuance of Legacy Data Codes. The NRC was originally created in 1951 to address ongoing migration issues from East Pakistan (now Bangladesh), identifying those who resided in India on January 26, 1950, or had Indian ancestry.

What is CAA?

The Citizenship Amendment Act (CAA) is designed to protect individuals who have fled to India due to religious persecution, providing them with a safeguard against illegal migration proceedings. To qualify for citizenship under this act, applicants must have entered India on or before December 31, 2014. Traditionally, Indian citizenship is conferred on those born in India or those who have resided in the country for a minimum of 11 years. Additionally, the amendment introduces a provision that allows for the cancellation of Overseas Citizen of India (OCI) registration if the OCI cardholder breaches any aspect of the Citizenship Act or relevant laws. (With inputs from Agencies)