Supreme Court Upholds Validity of Section 6A of Citizenship Act in 4-1 Verdict

In a landmark 4-1 decision, the Supreme Court’s five-judge Constitution bench upheld the constitutional validity of Section 6A of the Citizenship Act, which grants citizenship benefits to immigrants from Bangladesh who entered Assam between January 1, 1966, and March 24, 1971. The provision, introduced as part of the Assam Accord in 1985, has been the subject of extensive debate due to concerns about illegal migration and its demographic impact on Assam.

Chief Justice DY Chandrachud, along with Justices Surya Kant, MM Sundresh, and Manoj Misra, formed the majority, ruling that Parliament had the legislative competence to enact the provision. The court emphasized that the Assam Accord was a political solution to address the migration issue, and it did not infringe upon Article 29(1) concerning the protection of minorities.

In a dissenting opinion, Justice Pardiwala declared Section 6A unconstitutional. Despite this, the majority verdict maintains that the provision remains in force, offering a pathway to citizenship for immigrants under specific conditions while excluding those who arrived after March 24, 1971.

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