The Hindu Editorial Analysis- 19th December 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Section 6A of the Citizenship Act — why it fails Assam

Why in News?

The top court’s recent ruling upholding the constitutional validity of Section 6A, fails to address key constitutional concerns, particularly those that impact Assam’s indigenous population.

Introduction

• In October 2024, a Constitution Bench of the Supreme Court of India made a significant ruling with a vote of 4:1.
• The court upheld the constitutional validity of Section 6A of the Citizenship Act, which was established in 1955.
• This section specifically creates a separate set of rules for migrants from the former East Pakistan (now Bangladesh) who moved to Assam.
• It allows these migrants to gain Indian citizenship as long as they arrived before March 25, 1971.
• There is a need to analyze the judgment closely for any constitutional violations that the majority decision may have ignored.
• Additionally, it is important to discuss the possible negative implications that this ruling could have in the future.

Justification for Article 14 Test by D.Y. Chandrachud

• The judgment appears to be influenced by arbitrary reasoning.
• The former Chief Justice of India, D.Y. Chandrachud, explained the application of Article 14, specifically noting that Assam should not be compared to other states.
• In terms of border comparisons, he pointed out that other states, such as West Bengal (2216.7 km), Meghalaya (443 km), Tripura (856 km), and Mizoram (318 km), have longer borders with Bangladesh than Assam (263 km), but the effects of migration on Assam are more serious.
• The impact on the Assamese and Tribal populations was emphasized as being more significant in Assam compared to other regions.
• A comparison of migrants showed that the estimated forty lakh migrants in Assam could have a larger effect than the fifty-seven lakh migrants in West Bengal, due to Assam's smaller population and land size.
• Therefore, the decision to focus specifically on Assam was considered to be based on logical reasons.

Contradictory Reasoning on Article 29

• Article 29 Examination: The Court determined that the arrival of new people did not change the language, writing, or culture of the Assamese community.
• Contradiction: Even though the explanation related to Article 14 highlighted the impact of the new arrivals on Assam, the Court contradicted itself when evaluating this against Article 29.
• Cultural Impact: The Court concluded that the influx of people did not harm the cultural features or the ability of the Assamese people to safeguard their culture.
• Judgment Crafting: The conflicting reasoning indicates that the judgment may have been designed more to uphold the legal provision rather than to thoroughly assess it based on constitutional standards.

What is Section 6A of the Citizenship Act 1955? 

• Section 6A was created as part of the Citizenship (Amendment) Act of 1985, following the Assam Accord of 1985.
• This section allows immigrants who came to Assam from Bangladesh before January 1, 1966 to receive Indian citizenship.
• Individuals who entered Assam between January 1, 1966 and March 25, 1971 can also be granted citizenship, but they must meet certain rules and conditions.
• However, Section 6A does not permit citizenship for those who arrived in Assam after March 25, 1971.

The Assam Accord

• The Assam Accord is an agreement made between the Central Government, the State Government of Assam, and the leaders of the Assam Movement.
• The main goal of the accord was to stop the flow of illegal immigrants from Bangladesh.
• It led to the addition of Section 6A to the Citizenship Act of 1955, specifically for Assam.
• This provision deals with the significant migration that occurred before the 1971 Bangladesh Liberation War.
• It requires the identification and removal of foreigners who arrived in Assam after March 25, 1971, which marks the formation of Bangladesh.
• The creation of Section 6A highlights the unique historical and demographic issues faced by Assam during this important time.

What can be the Implications of this Judgement? 

• Immigrant Recognition: By maintaining Section 6A, the ruling provides ongoing legal protection and citizenship rights to immigrants from Bangladesh who came to Assam before March 25, 1971. This shows India's dedication to helping those affected by the Bangladesh Liberation War.
• Assamese Identity Preservation: The majority opinion rejects the idea that having immigrants automatically harms the cultural and linguistic rights of the Assamese people. This indicates that, despite changes in population, the rights of the Assamese community are safeguarded by current constitutional protections, such as Article 29(1), which allows them to maintain their identity.
• Tensions on Demographic Shift: Critics claim that ongoing immigration disrupts Assam's demographic balance, potentially endangering its cultural identity and economic resources. This situation may lead to stronger local demands for stricter immigration rules or even political movements focused on preserving culture.
• Resource Allocation: Immigrants remain eligible for citizenship along with the associated rights and resources, which could put additional pressure on Assam's already limited economic resources. This situation might require better policies to ensure fair distribution of resources and to avoid widening economic gaps.
• Pressure on Immigration Laws: The ruling emphasizes the importance of effectively enforcing immigration laws, especially regarding identifying and deporting illegal immigrants who arrived after the 1971 cut-off date.
• Bangladesh Relations: By not granting Indian citizenship to immigrants who arrived after 1971, the ruling could create tensions with Bangladesh, as it may seem like India is shifting the responsibility for these immigrants to its neighbor. This could strain diplomatic relations between the two countries. The decision might also affect regional collaboration on border management, migration control, and security, complicating India-Bangladesh relations.

Mains Question

Discuss the implications of the Supreme Court's recent judgement on Section 6A of the Citizenship Act for Assam. How does the judgement balance humanitarian concerns with local development challenges?