Headline
The Supreme Court of India upholds the section 6A validity of The Citizenship Act.
Summary
The Supreme Court of India upheld the constitutional validity of Section 6A of the Citizenship Act, which provides Indian citizenship to immigrants from Bangladesh who came to Assam before March 25, 1971. The Supreme Court condemned the failure of the government to control illegal immigration after 1971 and emphasized the need for stricter enforcement mechanisms.
Key Facts
- Case Name: In Re: Section 6A Citizenship Act 1955
- Judges Name: Chief Justice DY Chandrachud, Justice Surya Kant, Justice MM Sundresh, Justice JB Pardiwala, and Justice Manoj Misra
- Decision: 4:1 majority of the court upheld Section 6A; Justice Pardiwala dissented.
- Immigrants coming into Assam before 1966 are considered as deemed citizens.
- Those entering between 1966-1971 can take citizenship subject to eligibility.
- Immigrants entering after March 25, 1971 are said to be illegal immigrants.
Legal Insights
The Supreme Court of India condemned bad border control and monitoring, stating that 850 km of borders are unfenced and around 97,714 cases are still pending in Foreigner Tribunals. It stresses the need for time-bound implementation of immigration laws and closer judicial monitoring.
Impact
The ruling of the Supreme Court of India maintains the legal framework for citizenship while requesting the government to enhance immigration enforcement, especially in Assam.
Why It Matters
The judgment showcases both citizenship rights and national security, focusing on the delicate balance between humanitarian concerns and immigration control in border states.
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