Post-1971 Illegal Immigration Not Stopped' : Supreme Court To Monitor Action Against Illegal Immigrants In Assam

The Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which enables immigrants from Bangladesh who entered Assam before March 25, 1971, to seek Indian citizenship. However, the Court lamented that no effective steps have been taken to prevent illegal immigration after 1971. A 5-judge Constitution Bench, with Justice Pardiwala dissenting, acknowledged the petitioners’ concerns about ongoing illegal immigration. The judgment, authored by Justice Surya Kant, noted that the statutory machinery and tribunals tasked with identifying and deporting illegal immigrants in Assam are inadequate. The Court directed the Union Government to furnish data on post-1971 illegal immigration and stressed the need for robust policy measures to curb illicit movements and enhance border regulation. The judgment highlighted the necessity of strictly implementing the statutory mechanism to detect and deport illegal immigrants, given the significant challenge posed by porous borders and incomplete fencing.