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Supreme Court Upholds Validity of Section 6A of Citizenship Act, 1955

Last Updated: 19-10-2024 12:55:51pm
Supreme Court Upholds Validity of Section 6A of Citizenship Act, 1955

In a decision issued on October 17, 2024, the Supreme Court of India considered a arrangement of summons petitions challenging the protected legitimacy of Section 6A of the Citizenship Act, 1955. The petitions communicated genuine concerns approximately citizenship controls, eminently those administering relocation from Bangladesh to Assam, and the uncommon rights allowed to these transients beneath the Assam Agreement of 1985.

The Citizenship (Amendment) Act of 1985 included Section 6A to the Citizenship Act in arrange to address the issue of relocation from Bangladesh to Assam between January 1, 1966 and March 24, 1971. This arrangement was seen as a coordinate result of the Assam Agreement, which expecting to resolve long-standing political conflicts.

The applicants challenged Section 6A on a few sacred grounds, contending that it abused the correct to equality (Article 14) by singling out Assam and treating it in an unexpected way from other Indian states that too share borders with Bangladesh. Also, they contended that Section 6A undermined Assamese social character and political rights, raising concerns beneath Article 29(1) of the Structure, which ensures the security of unmistakable social and etymological characters.

The Supreme Court inspected whether Parliament had the authoritative competence to sanction Section 6A and whether the arrangements were unfair or subjective. The judgment maintained the legitimacy of Section 6A, expressing that it did not strife with protected arrangements concerning citizenship (Articles 6 and 7). 

The Court also clarified that Parliament had the authority to frame laws for specific regions like Assam to address unique regional challenges. The judgment stressed that the provision was not violative of Article 14, as the different treatment of Assam was based on a legitimate legislative objective aimed at addressing the unique issues arising from the influx of migrants.

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TAGS: Supreme Court Section 6A Citizenship Act Assam Accord migrants constitutional validity Article 14 Article 29 Assam Bangladesh cultural identity.


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