S.6A Citizenship Act Doesn't Violate Fraternity, Fraternity Encourages Intermingling Of Different Groups : Supreme Court In Assam Accord Case

The Supreme Court ruled that Section 6A of the Citizenship Act, which allows migrants from Bangladesh who entered Assam before March 25, 1971, to seek Indian citizenship, does not violate the concept of fraternity. A 5-judge Constitution Bench upheld the provision by a 4:1 majority, with Justice Pardiwala dissenting. The petitioners argued that the influx of immigrants from Bangladesh into Assam jeopardized the ideal of fraternity in India. However, the judgment authored by Justice Surya Kant stated that fraternity encourages intermingling of different groups and cannot be narrowly interpreted to allow petitioners to choose their neighbors. The judgment emphasized that fraternity embodies a sense of collective brotherhood among all Indians and is crucial for national unity and social cohesion. The Court highlighted Dr. B.R. Ambedkar’s role in introducing the concept of fraternity into the constitutional Preamble to promote unity and brotherhood.