Assam Accord | Supreme Court Seeks Official Data On Number Of People Benefitted From Section 6A Of Citizenship Act

On the first day of the hearings pertaining to a batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, the Supreme Court Constitution Bench asked the Solicitor General of India Tushar Mehta to provide official data on how many people benefitted from Section 6A of the Act. 

The bench comprising CJI DY Chandrachud along with Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra heard Senior Advocate Shyam Divan commence the arguments for petitioners today. 

During the proceedings, the CJI asked the SG–

"To give us some idea- how many people benefitted? So it's really two parts- those who came before 1966 were regularised and were granted citizenship; those who came between 1966-71 were removed from electoral rolls for ten years, after ten years they were... What is the quantum? How many people have taken the benefit of this prior to 1966 and what about quantum of 1966-71. Post 1971 there is a cut off completely."

While clarifying that the people who entered post 1971 were illegal immigrants, the SG submitted–

"The official figures we'll try to get as soon as possible. But here are details provided by a member of Rajya Sabha. These aren't official. Those who came before 1971 were citizens of East Bengal and so they cannot be deported. The number of entire lot who came before 1951-1966- we're not concerned with that. We are concerned with 1966-71. Between 1966-71 is 5,45,000. These are approximate figures."

Later during the proceedings, the CJI also asked–

"Mr SG, how many people benefitted? What is the official data?"

He further questioned–

"How many people took citizenship in pursuance of this provision when 6A was in practical operation-the practical operation came to an end 16 July 2013. Because if very few got it, it would be clear that rest are illegal immigrants."

The SG responded by stating that he would get the official data on the same soon.

The CJI added–

"Just check with the officers how are they interpreting this Mr SG. Has 6A now come to an end completely? Can someone make an application today and say give me the benefit of 6A? Or has that period come to an end on 16 July 2013."

The SG responded to this by stating that as per his reading was that it was transitory.

Finally, the CJI stated–

"Nobody can take benefit of 6A now right? That's also our reading. But let authorities respond...what happens when the order of the tribunal detecting a person as a foreigner is after July 2013? What's the status of that person? We need to find out how many were identified as foreigners before 2013."

The SG has stated that these details would be provided soon.

The matter concerns the challenge of the constitutional validity of Section 6A of the Citizenship Act inserted by way of an amendment in 1985 in furtherance of the Assam Accord. Section 6A of the Citizenship Act is a special provision on the citizenship of persons covered by the Assam Accord and provides that the people who entered India between January 1, 1966, and March 25, 1971, and have been living in Assam, would be allowed to register themselves as citizens of India. Assam Sanmilita Mahasangha, a Guwahati based civil society organisation had challenged Section 6A way back in 2012. It argued that Section 6A is discriminatory, arbitrary, and illegal insofar as it provides for different cut-off dates for regularising illegal migrants who entered Assam and the rest of India. It sought the Court's indulgence in directing the concerned authority to update the National Register of Citizens (NRC) with respect to the State of Assam based on the details incorporated in the NRC prepared in 1951 as opposed to updating the same by taking account of the electoral rolls prior to 24.03.1971. Eventually, other organisations from Assam filed petitions challenging the validity of Section 6A. In 2014, the matter was referred to a 5-judge bench.

Also from today's hearing - Assam Accord | S.6A Citizenship Act Was Enacted Considering Humanitarian Aspects After Bangladesh Liberation, Says Supreme Court During Hearing

Case Title: In Re Section 6A Of The Citizenship Act 1955 W.P.(C) No. 274/2009 PIL-W