The Supreme Court on Thursday upheld the constitutional validity of Sec 6A of the Citizenship Act related to the grant of Indian citizenship to illegal immigrants in Assam.
A 5-judge bench –CJI D Y Chandrachud and Justices Surya Kant, M M Sundresh, and Manoj Misra, with Justice J B Pardiwala, heard the case where 4:1 voted in majority, upholding the constitutional validity of Section 6A.
The bench said Parliament had legislative competence to enact it.
Reading out the majority judgment, CJI Chandrachud said enactment of Section 6A was a political solution to an unique problem faced by Assam because huge influx of illegal immigrants to the state after creation of Bangladesh seriously threatened its culture and demography.
The top court said one of the major reasons of Students agitation in Assam was the dilution of voting rights of indigeneous population because of huge influx of illegal migration from Bangladesh and Sec 6A attempted to address the precarious situation.
The Supreme Court also upheld March 24, 1971 cut-off date for entry of Bangladeshi migrants, saying India had taken a sympathetic view given the atrocities on Bangladeshis during Pakistan’s operation searchlight. After March 1971, influx of migrants was viewed differently by the government, it said.
In a separate opinion, Justice Surya Kant, writing for self and Justices M M Sundresh and Manoj Misra, agreed with CJI’s opinion. Meanwhile Justice Kant examined Sec 6A threadbare and said the government was competent to take measures to preserve law and order as well as interest of citizens.
Rejecting arguments that Sec 6A can’t be enacted only for Assam and not applied to West Bengal, Meghalaya and Mizoram which too faced influx of Bangaldeshi migrants, Justice Kant said problem of Assam was more severe and hence govt could act to address the situation there.
Justice Kant, referring to Sarbananda Sonowal judgments for detection of Bangaldeshi illegal migrants, said the state has the power to identify and deport illegal migrants through not only Foreigners Act, but also under other similar laws for the purpose.
The majority judgment by Justice Kant declared that those who have entered Assam from Bangladesh on or after march 25, 1971 are all illegal immigrants, who must be indentified, detected and deported.
The top asked Centre and state govt to effectively implement directions in Sarbananda Sonowal judgments for identifiction, detection and deportation of Illegal Bangladeshi immigrants. Justice Kant said SC will from now onwards monitor this identification and deportation process