Polity Series

Topic: Citizenship and Assam Accord

Context: The Supreme Court's Constitution Bench recently upheld the constitutionality of Section 6A of the Citizenship Act, 1955, which provides citizenship to certain immigrants from Bangladesh residing in Assam.

?Key Points:

1. Section 6A and Assam Accord (1985):Section 6A originates from the Assam Accord and grants citizenship to immigrants who entered Assam before January 1, 1966.Special provisions exist for immigrants arriving between January 1, 1966, and March 25, 1971.Immigrants entering after March 25, 1971 are barred from citizenship.
2. Principle of Fraternity: The Court emphasized that fraternity must apply to all people in Assam, both legal and illegal immigrants, promoting a "live and let live" approach. The rights of millions of immigrants were prioritized over concerns about cultural and economic impacts.
3. Coexistence of Development and Population Growth: The Court highlighted that sustainable development and population growth can coexist harmoniously without conflict.
4. Government's Role: Justice Kant acknowledged the burden on Assam due to migration but pointed out that the government's failure to detect and deport post-1971 immigrants was the issue, not Section 6A.
5. Balancing Act: The Chief Justice of India described Section 6A as a "balancing act" between humanitarian concerns and Assam’s economic and cultural well-being, with the March 25, 1971 cut-off being reasonable.
6. Alignment with Articles 6 and 7:Section 6A aligns with the fundamental purpose of Articles 6 and 7 of the Constitution, which extends citizenship rights to those affected by partition.
7. Article 11 of the Constitution: Under Article 11, Parliament has the authority to make provisions regarding the acquisition, termination, and other matters related to citizenship.

Prelims Question (2021):

Q. With reference to India, consider the following statements:

1. There is only ‘one citizenship and one domicile’.
2. A citizen by birth only can become the Head of State.
3. A foreigner once granted citizenship cannot be deprived of it under any circumstances.

Which of the statements given above is/are correct?

a) 1 only

b) 2 only

c) 1 and 3

d) 2 and 3

Answer: A