SC upholds constitutional validity of Section 6A of Citizenship Act
Section 6A of the Citizenship Act, 1955, grants citizenship rights to refugees of Indian origin who arrived in India before March 25, 1971.
New Delhi: In a landmark ruling which brings the much needed relief to thousands of people in Assam, the Supreme Court of India Thursday Oct 17, 2024 declared Section 6A of the Citizenship Act 1955, as constitutional.
What is Section 6A of the Citizenship Act?
Section 6A of the Citizenship Act, 1955, grants citizenship rights to refugees of Indian origin who arrived in India before March 25, 1971.
This section was introduced after the Assam Accord of 1985, a political settlement between the Government of India and the leaders of the Assam Movement. The agreement recognized anyone residing in Assam before March 25, 1971, as an Indian citizen.
However, in 2009, Assam Sanmilita Mahasangha filed a petition in the Supreme Court, challenging the Assam Accord and demanding that only those who arrived before 1950 should be considered Indian citizens, as per the law in other states.
Jamiat Ulama-i-Assam intervened in this case to uphold the Assam Accord. Senior lawyers, including M.R. Shamshad, Dushyant Dave, Indira Jaisingh, Sanjay Hegde, late Shakeem Ahmad Syed and others, represented Jamiat in the legal battle.
Consequently, a five-judge bench, led by Chief Justice of India D.Y. Chandrachud, ruled by majority in favor of the legal validity of the 1971 cut-off date for Assam. The verdict will provide much-needed relief to lakhs of people in Assam, who have lived under the looming threat of losing their citizenship for decades.
Jamiat Hails SC verdict
The Supreme Court’s ruling on Jamiat Ulama-i-Hind’s IA (No. 274/2009) upholds the Assam Accord, which grants citizenship to those who settled in Assam before March 25, 1971.
The apex court recognized that the Assam Accord was a political solution to the influx of illegal immigrants, and the cut-off date of March 25, 1971, has legal validity given the high migration from East Pakistan to Assam after India's independence.
Maulana Mahmood Asa’d Madani, President of Jamiat Ulama-i-Hind, has hailed the Supreme Court’s verdict as historic which will bring immense relief to lakhs of people in Assam.
"This ruling is a milestone in our long-standing fight for the oppressed people of Assam, who have been struggling to secure their citizenship rights for decades. It brings an end to their fears and uncertainties, and Jamiat will continue its efforts to protect the rights of all marginalized communities," he said.
Maulana Badruddin Ajmal, President of Jamiat Ulama-i-Assam, expressed gratitude to all organizations and individuals who contributed to protecting the citizenship rights of Assam’s people.
Jamiat Ulama-i-Hind along with its state unit Jamiat Ulama Assam has been fighting this case in the Supreme Court for the past 15 years.
The Jamiat is currently involved in 9 other cases concerning the Assam NRC in the Supreme Court.
A previous victory was achieved when Panchayat Link Certificates were accepted as valid documentation for 4.8 million women, ensuring their citizenship rights.
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