The Supreme Court has affirmed the legality of Section 6A of the Citizenship Act

 


The Supreme Court has affirmed the legality of Section 6A of the Citizenship Act, which was enacted in 1985, to permit Bangladeshi refugees who came to India between 1966-1971 to apply for Indian citizenship. This decision acknowledges the Assam Accord by providing citizenship to those refugees who arrived before 1971. 

The Citizenship Act's Section 6A, established in 1985, permits refugees from Bangladesh (formerly East Pakistan) who arrived in India between 1966-1971 to obtain Indian citizenship. A five-judge constitutional bench, headed by Chief Justice of India DY Chandrachud, affirmed the legality of Section 6A with a 4:1 majority, dissenting only Justice JB Pardiwala. The panel of judges included Justices Surya Kant, MM Sundresh, and Manoj Misra. The ruling establishes that individuals of Bangladeshi origin who arrived in India between January 1, 1966, and March 25, 1971, are entitled to citizenship.

 "The bench stated that individuals who have acquired citizenship through this process will maintain their citizenship. The ruling was issued in response to a petition alleging that the influx of Bangladeshi refugees has affected the demographic equilibrium in Assam." The violation of political and cultural rights of the original residents of the state was attributed to Section 6A of the Citizenship Act. 

The Chief Justice characterized the implementation of Section 6A as a "political solution" to the distinct issue encountered by Assam due to the impact of refugee influx on its culture and demographics.

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