Section 6A of Citizenship Act 1955: History, Provisions & SC Ruling for UPSC

Section 6A of Citizenship Act 1955 was introduced through the Citizenship (Amendment) Act, 1985, by the Assam Accord, which was a memorandum of settlement between the Government of India, the Government of Assam, and the leaders of the Assam Movement in 1985. Section 6A specifically addresses the issue of illegal immigration of people from Bangladesh into Assam and envisions a legal structure to recognize, register, and confer citizenship upon such immigrants according to their date of entry into India.

This topic falls under the General Studies Paper II of UPSC which deals with governance issues such as constitution and polity, social justice, international relations, among others.

What is Section 6A of Citizenship Act 1955?

Section 6A of the Citizenship Act 1955 is the law framework with regard to extending Indian citizenship to people of Indian origin who have moved to Assam from Bangladesh. This section categorizes them by the date on which they entered India for which a set of procedures and guidelines are outlined. This indicates that it was not the intention to go beyond humanitarian concerns towards national security and demographic factors.

Background of Section 6A of Citizenship Act 1955

The Assam Movement spanned over a period of six years from 1979 to 1985 and was the greatest civil unrest in Assam, led by the All Assam Students' Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP). The movement was to protect the cultural identity and resources of the indigenous people of Assam from the perceived threat of illegal immigration from Bangladesh, which allegedly led to demographic changes affecting employment, political power, and socio-cultural fabric. Section 6A was introduced into the Citizenship Act 1955 by the signing of the Assam Accord on August 15, 1985, as a result of that process.

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Provisions of Section 6A of Citizenship Act 1955

Key Provisions of Section 6A may be summarized as below:

Citizenship for Pre-1966 Immigrants

• Those individuals, being of Indian origin migrated from Bangladesh to Assam on or after January 1, 1966 are to be Indian Citizens.
• This provision normalises citizenship status of persons who were staying in India for such a considerable number of years before the Assam Movement.

Conditional Citizenship for 1966-1971 Immigrants

• The Indian people who migrated to Assam from Bangladesh between January 1, 1966, and March 24, 1971, have to get themselves registered with the authority that is prescribed.
• They are expected to remain in India for ten years from the date of detection before claiming Indian citizenship.
• In those ten years, they will be treated as foreigners, but they will not be deported.

Exclusion from Voting Rights

• Those who came in between 1966 and 1971 cannot vote for ten years after being detected and registered as foreigners.
• This makes them administratively included but not influencing electoral outcomes immediately.

Detection and Registration Procedures

• The provision outlines the process of detection and registration of eligible immigrants, including documentation and verification procedures to determine their identity and period of stay.

Read the article on the National Population Register (NPR) v/s National Register for Citizens (NRC)!

Concerns Associated with Section 6A of Citizenship Act

Despite its intent to address illegal immigration, Section 6A has been the subject of significant controversy and criticism:

• Demographic Impact: The influx of immigrants under Section 6A has altered the demographic composition of Assam, raising concerns among the indigenous population about their cultural and social identity.
• Administrative Challenges: Implementing the provisions of Section 6A requires extensive documentation and administrative resources, which have often been strained, leading to delays and errors.
• Human Rights Issues: The denial of franchise and the long period under conditional citizenship have been criticized by many to violate the minimum rights of immigrants, relegated to a class of denizens who do not qualify for all the privileges bestowed upon citizens.
• Political and Social Tensions: Being a vast number of Section 6A immigrants, there arise political and social tensions in Assam, at times resulting in violence and unrest.

Read the article on the National Population Register!

Supreme Court's Ruling on Section 6A of the Citizenship Act 1955

In January 2019, a five-judge constitution bench of the Supreme Court of India was constituted to analyze the validity of Section 6A. The judgments were challenged in the constitution by filing petitions. According to the petitioners, the section violates the provisions of equality and fairness, which are provided in the Constitution of India.

Implications of the Supreme Court's Ruling

As of the latest available information, a final verdict of the Supreme Court is not yet communicated on the issue of constitutionality of Section 6A. However, the judgments and observations by the court so far during the hearings have significant inferences:

• Legal Uncertainty: The extensive judicial scrutiny has created an atmosphere of legal uncertainty amongst many whose status is in the hands of Section 6A.
• Political Implications: The observations made and the likely judgment of the Supreme Court may change the political narrative and policy decisions about immigration and citizenship in Assam and the larger Northeast.
• Chances of Reform: The case offers a chance to reconsider and even reform the provisions of Section 6A to make the law amenable to all stakeholders with a balancing of national security and humanitarian interests.

Read the article on the Tribal Insurgency in Assam!

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