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- Citizenship Act 1955 Section 6A Supreme Court | Constitution Bench News Update
New Delhi42 minutes ago
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The Supreme Court will hear this case on Wednesday 6 December.
On Tuesday (December 5), the Supreme Court started hearing in a bench of 5 judges on 17 petitions related to Section 6A of the Citizenship Act in Assam. A two-judge bench had referred the matter to the Constitutional Bench in 2014.
The bench headed by CJI DY Chandrachud also includes Justice Surya Kant, Justice MM Sundaresh, Justice JB Pardiwala and Justice Manoj Mishra. The bench has sought data of beneficiaries of this Act.
The court said that there is no evidence to suggest that granting Indian citizenship to Bangladeshi immigrants between 1966 and 1971 had an impact on the population and cultural identity of Assam.
Acknowledging cross-border infiltration into Assam, the CJI said immigrants also came due to the India-Pakistan war in 1971 for the liberation of Bangladesh.
After this, the court asked the Central Government to submit the data of people who received benefits under the law from 1966 to July 16, 2013.
The petitioners have sought to declare the provision invalid and direct to formulate a policy for the rehabilitation of people of Indian origin who came to Assam after 1951.
What does Section 6A of the Citizenship Act say?
Section 6A was added to the Citizenship Act as a special provision to deal with the citizenship of people coming to India under the Assam Accord. In which it is said that those who came to Assam in 1985 from areas including Bangladesh on or after January 1, 1966 but before March 25, 1971 and have been living there since then, will have to register themselves under Section 18 to obtain Indian citizenship. will be.
As a result, this provision set the last date for granting citizenship to Bangladeshi immigrants in Assam as 25 March 1971.
Court said- We also had an important role in the formation of Bangladesh
CJI’s bench said- Keep one thing in mind, if the Parliament grants amnesty to only one group of illegal immigrants, then it is very different. But it cannot be denied that Section 6A was implemented then which is linked to our history. India had a very important role in the formation of Bangladesh, because like Bangladesh, we were also a part of the war and then people came to India illegally.
Petitioner’s lawyer said
Advocate Divan, appearing for several petitioners from Assam opposing the amended provision of the Citizenship Act 1955, said the amendment violated the basic structure of the Constitution which is based on secularism and brotherhood of the nation. He said that there are more illegal immigrants in West Bengal than in Assam. This provision was applied to Assam as if it were a license for outsiders to come and acquire Indian citizenship.
Diwan also placed before the court excerpts of the report prepared by former Assam Governor SK Sinha on the threats posed by people coming to Assam from Bangladesh. In which it was written that due to the arrival of illegal immigrants the district is turning into a Muslim dominated area. After some time there may be a demand for their merger with Bangladesh.