People Who Entered Assam From Bangladesh After 25 March 1971 Are 'Illegal Immigrants'; Section 6A Citizenship Act Redundant For Them: Supreme Court

The Supreme Court, while upholding the constitutional validity of Section 6A of the Citizenship Act, 1955, held that people who entered Assam from Bangladesh post the cutoff date of March 25, 1971, are 'illegal migrants' and thus Section 6A is redundant for them.

The Court also observed that the directions issued in Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665, are required to be given effect to for the purpose of deporting the illegal immigrants.

In this case, Justice Surya Kant authored the main Judgment also on behalf of Justice MM Sundresh and Justice Manoj Misra. CJI DY Chandrachud gave a concurring opinion, and Justice JB Pardiwala dissented.

The Court noted, "We may hasten to add here that Section 6A does not operate perpetually, and since it does not rescue those immigrants who entered the State of Assam on or after 25.03.1971 and has become redundant qua them, the cut-off dates prescribed therein cannot be said to be tainted with the element of manifest arbitrariness."

The Court further said that the cut-off dates in Section 6A were not incorporated in a vacuous manner but were a result of considerable deliberation and discussion and were also backed by a well-considered rationale.

In view of the above observations, the Court has issued the following directions:

1. It is held that Section 6A of the Citizenship Act, 1955, falls within the bounds of the Constitution and is a valid piece of legislation;

2. As a necessary corollary thereto, (i) immigrants who entered the State of Assam prior to 1966 are deemed citizens; (ii) immigrants who entered between the cut off dates of 01.01.1966 and 25.03.1971 can seek citizenship subject to the eligibility conditions prescribed in Section 6A (3); and (iii) immigrants who entered the State of Assam on or after 25.03.1971 are not entitled to the protection conferred vide Section 6A and consequently, they are declared to be illegal immigrants. Accordingly, Section 6A has become redundant qua those immigrants who have entered the State of Assam on or after 25.03.1971;

3. The directions issued in Sarbananda Sonowal v. Union of India, (2005) 5 SCC 665, are required to be given effect to for the purpose of deporting the illegal immigrants falling in the category of direction (b) (iii) above;

4. The provisions of the Immigrants (Expulsion from Assam) Act, 1950 shall also be read into Section 6A and shall be effectively employed for the purpose of identification of illegal immigrants;

5. The statutory machinery and Tribunals tasked with the identification and detection of illegal immigrants or foreigners in Assam are inadequate and not proportionate to the requirement of giving time-bound effect to the legislative object of Section 6A read with the Immigrants (Expulsion from Assam) Act, 1950, the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964, the Passport (Entry into India) Act, 1920 and the Passport Act, 1967; and

6.The implementation of immigration and citizenship legislations cannot be left to the mere wish and discretion of the authorities, necessitating constant monitoring by this Court.

The Bench further ordered, "For this purpose, let this matter be placed before Hon’ble the Chief Justice of India for constituting a bench to monitor the implementation of the directions issued hereinabove."

Cause Title: In Re Section 6A of the Citizenship Act 1955 [Neutral Citation No. 2024 INSC 789]