Supreme Court Upholds Section 6A of Citizenship Act
Context:
Recently, the Supreme court upheld the constitutionality of Section 6A of the Citizenship Act, 1955, that permits immigrants from Bangladesh residing in Assam to secure Indian citizenship.
Relevance:
GS-02 (Polity)
Key Highlights:
- Section 6A grants citizenship to immigrants who entered Assam before January 1, 1966.
- While those who entered between January 1, 1966 and March 25, 1971, can obtain citizenship after fulfilling specific procedures.
- Those arriving after March 25, 1971, are not eligible.
- Chief Justice D.Y. Chandrachud supported Section 6A, calling it a “balancing act” between humanitarian concerns for immigrants and Assam’s economic and cultural impacts.
- He also noted that the March 25, 1971 cut-off date was reasonable, as it aligned with significant events in the Bangladesh War of Independence.
- The court directed the constitution of a Bench to monitor the implementation of immigration and citizenship laws in Assam, highlighting the need for continuous monitoring due to inadequacies in the existing identification and deportation mechanisms.
About Citizenship:
- It is a membership or a state of being a member or a citizen of a country. It defines the relationship of the person and that country.
- There are two principles on which citizenship is granted:
- ‘jus soli’: On the basis of place of birth.
- ‘jus sanguinis’: On the basis of blood ties.
- Motilal Nehru Committee (1928): Was in favour of the enlightened concept of jus soli.
Constitutional Provisions:
- Citizenship falls under the Union List, meaning which, only Parliament has an exclusive power to make laws on that.
- The constitution of India does not define the term “Citizen” but it has provided clear details in Part 2 of the Indian constitution from Article 5 to Article 11.
Article 5:
- It provided for citizenship on commencement of the Constitution.
- It granted citizenship to all those domiciled and born in India.
- It also granted to those who domiciled in India but was not born in India, but their parents were born in India.
- Also, It considered those who was ordinary resident for more than five years.
Article 6:
- It provided rights of citizenship of certain persons who have migrated to India from Pakistan.
- It states that a person who migrated to India before July 19, 1949, would automatically get Indian citizenship, if either of his parents or grandparents was born in India.
- However, it also laid down that those who entered after July 19, 1949 would have to register themselves.
Article 7:
- Provided Rights of citizenship of certain migrants to Pakistan but returned.
- It allowed those migrants who migrated to Pakistan after March 1, 1947 but subsequently returned on resettlement permits.
Article 8:
- Provided Rights of citizenship of certain persons of Indian origin residing outside India.
- It stated that the person of Indian origin who are residing outside India, of whose parents or grandparents was born in India, could register to become an Indian citizen with Indian Diplomatic Mission.
Other Articles:
- Article 9: Provided that if any person voluntarily acquired the citizenship of a foreign State will no longer be a citizen of India.
- Article10: It says that every person who is or is deemed to be a citizen of India under any of the foregoing provisions of this Part shall, subject to the provisions of any law that may be made by Parliament, continue to be such citizen.
- Article 11: It empowers Parliament to make any provision with respect to the acquisition and termination of citizenship and all matters relating to it.
The Citizenship Act, 1955:
- It provides for the acquisition and determination of Indian citizenship under four ways: birth, descent, registration and naturalisation.
- The act has been amended four times — in 1986, 2003, 2005, and 2015.
Section 6A:
- It states that all persons of Indian origin who entered Assam before January 1, 1966 and are residing as ordinary residents will be considered Indian citizens.
- Section 6A, was particularly made applicable to Assam.
- For those people who are ordinary residents and have entered after 1 January, 1966 but before March 25, 1971, will be granted with citizenship at the expiry of 10 years from their detection as a foreigner.
- During this interim period, they will not have the right to vote but can get an Indian passport.
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