Guwahati, 7th December: The Supreme Court on Thursday (December 7) issued a directive, instructing the Union Government to provide detailed data regarding the influx of illegal migrants to Assam and other North-Eastern states post-March 25, 1971.
Notably, Chief Justice DY Chandrachud led the Supreme Court’s hearings on December 5, 2023, pertaining to a series of petitions challenging Section 6A of the Citizenship Act of 1955. This section, integral to the Assam Accord, permits certain foreign migrants who entered Assam between January 1, 1966, and March 25, 1971, to apply for Indian citizenship.
The crux of the matter revolves around the argument from indigenous groups in Assam, contending that Section 6A legitimizes the illegal migration of individuals from Bangladesh, impacting the demographic and cultural landscape of the state.
The Supreme Court’s Constitution Bench, comprising Justices AS Bopanna, MM Sundresh, JB Pardiwala, and Manoj Misra, is tasked with examining the constitutional validity of Section 6A. It is scrutinizing whether this section unfairly treats Assam differently from other border states, potentially violating Article 14 of the Indian Constitution. Concerns have also been raised about the potential impact on the rights and liberties of Assamese citizens under Articles 21 and 29(1), particularly concerning the influx of illegal immigrants.
In response to these proceedings, the Supreme Court has directed the Centre to submit an affidavit detailing various aspects of citizenship granted to individuals under Section 6A. The affidavit should encompass critical details, including the number of persons granted citizenship, detection of foreigners by the Foreigners Tribunals Order 1964, estimated inflow of illegal migrants to India, and specifics regarding those who entered after March 25, 1971.
Furthermore, the directive seeks information on the total number of foreigner tribunals, cases disposed of, pending cases, average time for case disposal, and cases pending before the Guwahati High Court. Additionally, the Union Government is expected to provide details on administrative measures taken to address illegal immigration, particularly in Assam, including border fencing initiatives and anticipated timelines for completion.
This directive aims to bring clarity to the legal status of affected individuals and the broader implications of their citizenship on the indigenous population of Assam.
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