Context

• The Supreme Court during its recent hearing has upheld the constitutional validity of Section 6A of the Citizenship Act relating to citizenship under the Assam Accord. As per the decision, Section 6A of the Citizenship Act will now remain in force.

Key Highlights

• Justice JB Pardiwala, a member of the five-member bench, in his decision declared Section 6A of the Citizenship Act unconstitutional.
• While Chief Justice DY Chandrachud, Justice Suryakant, Justice MM Sundaresh and Justice Manoj Mishra declared Section 6A of the Citizenship Act constitutionally valid.

What is the argument of the petitioners? 

• The provisions of Section 6A violate Article 6 of the Constitution, which sets July 19, 1948 as the cut-off date for granting citizenship to immigrants.

Section 6A of the Citizenship Act

• Section 6A of the Citizenship Act, 1955, grants citizenship to migrants who entered Assam after January 1, 1966 but before March 24, 1971. This provision was included in the Act to further the memorandum of settlement called the “Assam Accord”, 1985, which aimed to identify illegal migrants in Assam and expel them from the country.

Assam Accord:

• The Assam Accord is a historic agreement that was signed on August 15, 1985 between the Government of India and the leaders of the Assam Movement. This agreement was made to end the Assam Movement that lasted for six years. The main objective of this movement was to identify illegal immigrants in Assam and expel them from the country.

Indian Citizenship

• Articles 5-11 under Part-II of the Constitution discuss about citizenship.
• After the formation of the Constitution (26 January 1950), the following categories of people would be citizens of India according to the Constitution:
  • A person who is a native of India or fulfills any one of the three conditions:
  • If he/she was born in India
  • Either of the parents was born in India
  • He/she was living in India 5 years before the commencement of the Constitution
• A person who voluntarily acquires the citizenship of another country shall not be a citizen of India. (Article 9)

Citizenship Act, 1955

• Provides for 5 conditions for acquiring citizenship:

1. By birth: A person born on or after 26 January 1950 but before 1 July 1947 is a citizen of India irrespective of the nationality of his parents at birth.
2. By descent: A person born outside India on or after 26 January 1950 but before 10 December 1992 can become a citizen of India by descent (if his father was a citizen of India at the time of his birth)
3. By registration:
4. By naturalisation: The person should not belong to a country where Indian citizens cannot become citizens by naturalisation. He should renounce citizenship of any other country
5. By territorial integration: When a foreign territory becomes a part of India, the Government of India declares the persons belonging to that territory as citizens of India.

Citizenship (Amendment) Act, 1957, 1960, 1985, 1986, 1992, 2003, 2005, 2015, 2019