Supreme Court Upholds Constitutionality of Section 6A of Citizenship Act, 1955, Granting Citizenship to Assam Immigrants

On Thursday, the Supreme Court affirmed the constitutional validity of Section 6A of the Citizenship Act, which pertains to the provision of Indian citizenship for illegal immigrants in Assam. The decision came through a majority verdict of 4:1.

Justices Surya Kant, M M Sundresh and Manoj Misra in their majority verdict held that Parliament had the legislative competence to enact the provision. Justice Pardiwala gave a dissenting judgment to hold Section 6A as unconstitutional. 

A five-judge Constitution bench, led by Chief Justice DY Chandrachud, stated that the Assam Accord serves as a political resolution to the issue of illegal migration.

The court asserted that the mere presence of various ethnic groups in a state does not constitute a violation of Article 29(1). "Petitioners must demonstrate that one ethnic group is unable to safeguard its language and culture solely due to the presence of another ethnic group," the court remarked. Justice Surya Kant emphasized, "We cannot permit individuals to select their neighbors, as it contradicts the principle of fraternity. The guiding principle should be to live and let live."