What is Section 6A of Citizenship Act? Complete Explanation Here!

The Citizenship Act, 1955 introduced Section 6A through the Citizenship (Amendment) Act, 1985. It follows the Assam Accord signed on August 15, 1985, and mainly addresses the citizenship issue of citizens who migrate to Assam from Bangladesh in a rare manner. The turbulent phase following Bangladesh’s liberation war and demographic distortion.

historical background

The Assam Accord aims to address the issue of illegal migration from Bangladesh, which is the most important issue raised by indigenous groups. The treaty defines certain aspects of citizenship based on the date of immigration:

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• Before January 1, 1966: All Indians who migrated to Assam were declared Indian citizens.
• Period January 1, 1966 to March 25, 1971: Citizenship can be obtained after ten years of residence in Assam.
• After March 25, 1971: All these persons were declared illegal immigrants and could be detected and deported.

Main provisions

1. Recognition of citizenship:

• Individuals who entered Assam before January 1, 1966 are considered Indian citizens.
• Those who entered the country between January 1, 1966 and March 25, 1971 must register and obtain citizenship after ten years of residence.

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2. Deportation provisions:

• The bill provides that individuals who entered Assam after March 25, 1971, will be tested and deported in accordance with legal procedures.

3. Rights and obligations:

• A person recognized under Section 6A who enters the country between specified dates shall have all the rights and obligations of an Indian citizen, except the right to vote, which shall not be enjoyed for a period of ten years.

constitutional challenge

Section 6A faces strict legal scrutiny for its constitutional validity:

• Article 14 (Right to Equality): It has been argued that it is discriminatory to apply different standards to Assam compared to other states facing similar immigration issues.
• Article 6 (Constitutional Citizenship): Some petitioners have argued that Article 6A violates the citizenship provisions enacted at the time of the partition of India.

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The Supreme Court of India has been holding continuous hearings on these appeals. By majority order of 17 October 2024, the Court upheld the constitutional validity of Article 6A but recognized the impact of the dissent on both equality and federalism aspects.

Demographic and cultural influences

• Article 6A of the Assam Accord raises issues regarding the demographic composition and culture of Assam:
• Critics oppose recognition of immigrant citizenship: Critics argue that people will be tempted to become illegal immigrants and that Assam’s cultural landscape will change.
• Supporters see it as a framework to right historical wrongs and provide civil rights to people of Indian descent.

Section 6A remains a contentious part of Indian law, reflecting the complex interplay between immigration, citizenship rights and regional identity in Assam. Its provisions seek to balance humanitarian concerns and the need to protect local populations from illegal immigration, while addressing significant legal challenges to its constitutionality.

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