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Supreme Court Upholds Section 6A of Citizenship Act Recognizing Assam Accord in 4-1 Verdict

Oct 17, 2024, 05:43 AM

On October 17, 2024, India's Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, in a landmark ruling delivered by a five-judge Constitution Bench. The majority decision of 4:1 reaffirmed the provision, inserted in 1985 through an amendment to implement the Assam Accord, which grants Indian citizenship to immigrants who entered Assam before January 1, 1966. Chief Justice D.Y. Chandrachud and Justices Surya Kant, M.M. Sundresh, and Manoj Misra concurred in the verdict, while Justice J.B. Pardiwala dissented, deeming Section 6A unconstitutional. The court delivered three judgments and held that singling out Assam for the implementation of Section 6A was reasonable and a political solution to a unique problem faced by the state. Justice Surya Kant noted that those who entered Assam from Bangladesh after March 25, 1971, are to be declared illegal immigrants. This ruling is expected to have significant implications for the National Register of Citizens (NRC) in Assam.