In a 4:1 majority verdict, a Constitution Bench of the Supreme Court on Thursday (October 17, 2024) upheld the constitutionality of Section 6A of the Citizenship Act, 1955.

The verdict is very significant and it will have far reaching impact, especially on the NRC exercise undertaken by the Central Government, experts said.

Section 6 A of the Citizenship Act, 1955 confers citizenship to immigrants who entered Assam between January 1, 1966, and March 25, 1971. 

The judgement was delivered by aive-judge bench headed by Chief Justice of India (CJI) D.Y. Chandrachud this morning.

Justice Surya Kant was the one who wrote the lead majority opinion. The Chief Justice of India pitched in with concurring judgment.

The only dissent among the five judges came from Justice J.B. Pardiwala.

The judge declared the contentious provision unconstitutional with a prospective effect. 

The Chief Justice of India was vocal and forthright in his view. He clearly said that the mere presence of diverse ethnic groups within a state does not, in itself, constitute a violation of Article 29(1) of the Constitution (protection of interests of minorities). 

Justice Kant backed the CJI, saying Section 6A embodies the “spirit of fraternity”. 

However, Justice Pardiwala reasoned that while the statutory provision may have been constitutionally valid at the time of its enactment, it has become “unconstitutional” with the efflux of time. 

What is Section 6A 

Section 6A is a provision which has been described as special by many. It was inserted into the 1955 Citizenship Act after a Memorandum of Settlement called the “Assam Accord” was signed on August 15, 1985. It was signed by the then Prime Minister Rajiv Gandhi with the representatives of Assam Movement. 

Section 6A stipulates gave foreigners rights and obligations similar to that of Indian citizens.

The Section says foreigners who had entered Assam before January 1, 1966, and been “ordinarily resident” in the State, would have all the rights and obligations of Indian citizens. 

''Those immigrants who had entered the State of Assam say between January 1, 1966 and March 25, 1971, will have the same rights and obligations but they would not be able to vote for a period of 10 years, said advocate Sushil Mancharkar.