On Thursday, the Supreme Court upheld the constutional validity of Section 6A Citizenship Act of 1955, recognizing the Assam Accord, the judgement was delivered by constitutional bench comprising chief Justice of India DY Chandrachud, Justice Surya Kant, MM Sundresh, JB Pardiwala and Manoj Mishra delivered the judgement.
Justice Pardiwala gave a dissenting judgement to hold Section 6A as unconstitutional
CJI DY Chandrachud articulated that the Assam accord servers as a political solution to the issue of illegl migration, after the creation of Bangladesh and 6A was the legislative solution, the majority verdict also held that the cut-off dates of March 25, 1971 was rational, as it was the date when Bangladesh liberation war ended
It cannot be likened to an amnesty scheme for immigrants in general, 'bench observed'
Section 6A was added to the legislation in 1985 15 August following the signing of the Assam saccord between the then Rajiv government and the All Assam state Union 'AASU' following a six-year long agitation the entry of migrants from Bangladesh
Citing that the majority highlighted that the impact of 40 lakh migrants in Assam is greater than the 57 lakh migrants in west Bengal because of the land area in Assam, attributing this to Assam's smaller land area, the Court said.
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