In a recent legal development, the Supreme Court of India declares the Bangladeshi migrants illegal. The landmark judgment lists those who entered Assam on or after March 25, 1971. The court dismissed challenges against the constitutional validity of Section 6A of the Citizenship Act, which was incorporated in 1985 to recognize the Assam Accord.
The Assam Accord stipulates citizenship for Bangladeshi refugees who entered before March 25, 1971. The five-judge constitutional bench headed by Chief Justice of India DY Chandrachud delivered it with a majority of 4:1. Reserving his dissenting observations, one member of the bench was Justice JB Pardiwala.
Supreme Court declares Bangladeshi migrants illegal: no citizenship for those who arrived after the cut-off date
The judgment has brought into the ambit those refugees who entered between 1966 and 1971 for citizenship rights. The court has declared that the citizenship of such refugees will be retained. However, the same court has also emphasized that those who came after the cut-off date cannot be granted citizenship.
The case evolved from a petition challenging the demographic impact of refugees on Assam. Section 6A was challenged on grounds of infringement of the rights of the original citizens of Assam. Chief Justice Chandrachud opined that Section 6A was a “political solution” to the unique refugee problem faced by Assam.
The presence of 40 lakh migrants affected the very small land area of the state. Chief Justice compared the effect in Assam to that of West Bengal, whose land area is more. Section 6A was not extended to other regions as the situation in Assam was believed to be different.
SC takes measures to stop illegal immigration
The Supreme Court upheld the role of the government to ensure that illegal immigration was stopped. The court accepted the submission that uncontrolled immigration affected the Assam’s identity and culture. A cut-off date of March 25, 1971, was stipulated as reasonable for citizenship purposes.
The court observed that Section 6A is not over-inclusive and under-inclusive. The cut-off dates apply to those immigrants who have fulfilled the terms and conditions in the cut-off dates. The court noted that after the cut-off date, no one would be eligible to avail citizenship. Justice Surya Kant observed that the cut-off date was just and fair.
The Assam Accord gave humanitarian relief to the refugees. The Supreme Court again reaffirmed political and cultural protection to the residents of Assam.
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