Singling Out Assam Rational; Cut-Off Date Not Arbitrary' : Supreme Court Holds S.6A Citizenship Act Doesn't Violate Article 14

The Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which recognized the Assam Accord. The majority judgment, authored by Chief Justice of India DY Chandrachud and Justice Surya Kant, held that Section 6A did not violate Article 14. Justice J.B. Pardiwala dissented. Section 6A, added through the Citizenship Amendment Act, 1985, conferred citizenship to those who migrated from East Pakistan (now Bangladesh) to Assam from January 1, 1966, until March 24, 1971, upon completion of ten years from the date of detection as a foreigner. The petitioners argued that Section 6A was discriminatory and arbitrary, as illegal immigration was also prevalent in other states. However, the Court found the legislative objective of Section 6A to balance the humanitarian needs of migrants and the impact on the economic and cultural needs of Indian states. The cut-off date of March 24, 1971, was deemed reasonable due to the historical context of the Pakistani Army’s Operation Searchlight.