The Supreme Court has upheld a significant citizenship law tied to the Assam Accord, which grants citizenship to Bangladeshi refugees who arrived in India before 1971. Section 6A of the Citizenship Act, introduced in 1985, was designed to allow refugees from Bangladesh (formerly East Pakistan), who entered between 1966 and 1971, to register as Indian citizens.
A five-judge bench, led by Chief Justice DY Chandrachud, ruled in favor of Section 6A with a 4:1 majority, while Justice JB Pardiwala dissented. The other justices on the bench were Surya Kant, MM Sundresh, and Manoj Misra. The ruling confirms that non-resident Indians from Bangladesh who entered India during this period are eligible for citizenship, and those who have already obtained it will retain their status.
The petitioners argued that the influx of refugees had upset Assam's demographic balance, violating the political and cultural rights of the state's original residents. In response, Chief Justice Chandrachud stated that Section 6A was a "political solution" to Assam's unique challenges caused by the large number of refugees, which threatened the state's culture and demography.
The Assam Accord, signed on August 15, 1985, was a result of negotiations between the central government and Assam's leadership to address the refugee crisis that arose during the Bangladesh Liberation War. As part of a humanitarian approach, Section 6A was added to the Citizenship Act to allow migrants who arrived before March 25, 1971, to gain Indian citizenship, although without voting rights.
The Supreme Court recognized the central government's argument that uncontrolled immigration had impacted Assam's culture and reaffirmed the government's responsibility to curb illegal immigration. The court also deemed the cut-off date of March 25, 1971, as reasonable and justified, clarifying that citizenship could only be granted to those meeting the conditions before this date, while immigrants arriving after would not be eligible.
Section 6A of the Citizenship Act:
6A. Special provisions as to citizenship of persons covered by the Assam Accord.―(1) For the purposes of this section
(a) "Assam" means the territories included in the State of Assam immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985);
(b) "detected to be a foreigner" means detected to be a foreigner in accordance with the provisions of the Foreigners Act, 1946 (31 of 1946) and the Foreigners (Tribunals) Order, 1964 by a Tribunal constituted under the said Order;
(c) "specified territory" means the territories included in Bangladesh immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985);
(d) a person shall be deemed to be Indian origin, if he, or either of his parents or any of his grandparents was born in undivided India;
(e) a person shall be deemed to have been detected to be a foreigner on the date on which a Tribunal constituted under the Foreigners (Tribunals) Order, 1964 submits its opinion to the effect that he is a foreigner to the officer or authority concerned.
(2) Subject to the provisions of sub-sections (6) and (7), all persons of Indian origin who came before the lst day of January, 1966 to Assam from the specified territory (including such of those whose names were included in the electoral rolls used for the purposes of the General Election to the House of the People held in 1967) and who have been ordinarily resident in Assam since the dates of their entry into Assam shall be deemed to be citizens of India as from the lst day of January, 1966.
(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who―
(a) came to Assam on or after the lst day of January, 1966 but before the 25th day of March, 1971 from the specified territory; and
(b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and
(c) has been detected to be a foreigner;
shall register himself in accordance with the rules made by the Central Government in this behalf under section 18 with such authority (hereafter in this sub-section referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll for any Assembly or Parliamentary constituency in force on the date of such detection, his name shall be deleted therefrom.
Explanation.―In the case of every person seeking registration under this sub-section, the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this subsection and if any question arises as to whether such person complies with any other requirement under this sub-section, the registering authority shall,―
(i) if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding;
(ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a Tribunal constituted under the said Order hang jurisdiction in accordance with such rules as the Central Government may make in this behalf under section 18 and decide the question in conformity with the opinion received on such reference.
(4) A person registered under sub-section (3) shall have, as from the date on which he has been detected to be a foreigner and till the expiry of a period of ten years from that date, the same rights and obligations as a citizen of India (including the right to obtain a passport under the Passports Act, 1967 (15 of 1967) and the obligations connected therewith), but shall not entitled to have his name included in any electoral roll for any Assembly or Parliamentary constituency at any time before the expiry of the said period of ten years.
(5) A person registered under sub-section (3) shall be deemed to be a citizen of India for all purposes as from the date of expiry of a period of ten years from the date on which he has been detected to be a foreigner.
(6) Without prejudice to the provisions of section 8―
(a) if any person referred to in sub-section (2) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985), a declaration that he does not wish to be a citizen of India, such person shall not be deemed to have become a citizen of India under that sub-section;
(b) if any person referred to in sub-section (3) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the Citizenship (Amendment) Act, 1985(65 of 1985), or from the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that sub-section and sub-sections (4) and (5), it shall not be necessary for such person to register himself under sub-section (3).
Explanation.―Where a person required to file a declaration under this sub-section does not have the capacity to enter into a contract, such declaration may be filed on his behalf by any person competent under the law for the time being in force to act on his behalf.
(7) Nothing in sub-sections (2) to (6) shall apply in relation to any person―
(a) who, immediately before the commencement of the Citizenship (Amendment) Act, 1985 (65 of 1985), is a citizen of India;
(b) who was expelled from India before the commencement of the Citizenship (Amendment) Act, 1985, under the Foreigners Act, 1946 (31 of 1946).
(8) Save as otherwise expressly provided in this section, the provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force.]
Assam Accord:
The Assam Accord, a significant agreement signed on August 15, 1985, between the Government of India and the leaders of the Assam Movement, aimed to address the contentious issue of illegal immigration into Assam, particularly from Bangladesh. The movement, led by the All Assam Students' Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP), began in 1979 in response to the large-scale influx of immigrants, which threatened the state's demography, culture, economy, and political landscape.
After prolonged negotiations, the Assam Accord was signed as a political and legal solution. Its key provisions included a cut-off date for detecting illegal immigrants, the establishment of Foreigners Tribunals, and measures for the protection and promotion of the political, social, and cultural rights of the indigenous Assamese people.
The accord has seen mixed results in terms of implementation. While Section 6A of the Citizenship Act was introduced to grant citizenship to certain Bangladeshi refugees, delays in detecting and deporting illegal immigrants, slow border fencing, and political controversies have led to tensions.
The National Register of Citizens (NRC) update and debates around the Citizenship Amendment Act (CAA) have reignited discussions about the accord's relevance today. The National Register of Citizens (NRC) is a document maintained by the Indian government to identify Indian citizens. The NRC was originally created in 1951, but it has been updated several times since then.
The NRC has been a particularly controversial issue in the state of Assam. In 2018, the government published a draft NRC for Assam, which excluded millions of people. This led to widespread protests and concerns about the rights of those who were excluded.
The Assam Accord remains a crucial document in Assam's history, symbolizing the state's efforts to preserve its identity while addressing the complex issue of illegal immigration.
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सुप्रीम कोर्ट ने असम समझौते से जुड़े एक महत्वपूर्ण नागरिकता कानून को बरकरार रखा है, जो 1971 से पहले भारत आए बांग्लादेशी शरणार्थियों को भारतीय नागरिकता प्रदान करता है। नागरिकता अधिनियम की धारा 6A, जिसे 1985 में लागू किया गया था, 1966 से 1971 के बीच भारत आए बांग्लादेश (तब पूर्वी पाकिस्तान) के शरणार्थियों को भारतीय नागरिक के रूप में पंजीकृत करने की अनुमति देती है।
मुख्य न्यायाधीश डी.वाई. चंद्रचूड़ की अध्यक्षता वाली पांच-न्यायाधीशों की पीठ ने 4:1 के बहुमत से धारा 6A के पक्ष में निर्णय दिया, जिसमें न्यायमूर्ति जे.बी. पारदीवाला असहमति जताने वाले थे। अन्य न्यायाधीशों में न्यायमूर्ति सूर्यकांत, एम.एम. सुंदरेश और मनोज मिश्रा शामिल थे। इस फैसले में पुष्टि की गई कि 1966 से 1971 के बीच बांग्लादेश से आए गैर-निवासी भारतीय नागरिकता के पात्र होंगे, और जो पहले से नागरिकता प्राप्त कर चुके हैं, वे अपनी स्थिति बनाए रखेंगे।
याचिकाकर्ताओं का तर्क था कि शरणार्थियों की भारी संख्या ने असम की जनसांख्यिकीय संतुलन को प्रभावित किया, जिससे राज्य के मूल निवासियों के राजनीतिक और सांस्कृतिक अधिकारों का उल्लंघन हुआ। इसके जवाब में मुख्य न्यायाधीश चंद्रचूड़ ने कहा कि धारा 6A असम की अद्वितीय चुनौतियों के लिए एक "राजनीतिक समाधान" थी, क्योंकि बड़ी संख्या में शरणार्थियों ने राज्य की संस्कृति और जनसांख्यिकी को खतरे में डाल दिया था।
असम समझौता, जो 15 अगस्त 1985 को केंद्रीय सरकार और असम के नेतृत्व के बीच हस्ताक्षरित हुआ था, बांग्लादेश मुक्ति संग्राम के दौरान उत्पन्न शरणार्थी संकट से निपटने के लिए हुआ था। एक मानवीय दृष्टिकोण के रूप में, नागरिकता अधिनियम में धारा 6A जोड़ी गई थी, जिससे 25 मार्च 1971 से पहले आए प्रवासियों को मतदान अधिकारों के बिना भारतीय नागरिकता प्राप्त करने की अनुमति दी गई।
सुप्रीम कोर्ट ने केंद्र सरकार के इस तर्क को स्वीकार किया कि अनियंत्रित प्रवासन ने असम की संस्कृति पर प्रभाव डाला है, और अवैध प्रवास को रोकने की सरकार की जिम्मेदारी की पुष्टि की। अदालत ने 25 मार्च 1971 की कट-ऑफ तिथि को उचित और न्यायसंगत माना और स्पष्ट किया कि इस तिथि से पहले की शर्तों को पूरा करने वालों को ही नागरिकता दी जा सकती है, जबकि इसके बाद आने वाले प्रवासी नागरिकता के पात्र नहीं होंगे।
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