S-6A OF CITIZENSHIP ACT DOESN’T VIOLATE FRATERNITY RULED BY SC

by | Oct 18, 2024

Headline

The Supreme Court of India upholds Section 6A and dismisses Fraternity-Based Challenge.

Summary

The Supreme Court of India, upheld the constitutional validity of Section 6A of the Citizenship Act, by a 4:1 majority which gives citizenship to migrants from Bangladesh who came to Assam before March 25, 1971. The petitioners argued that the provision diminishes the concept of fraternity in India, but the Court dismissed his claim.

Key Facts

  • Case Title: 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
  • Verdict: 4:1 majority; Justice Pardiwala dissented
  • Petitioners’ Argument: Section 6A of the Citizenship Act,endanger the cultural demography and violates the idea of fraternity.
  • The judgment of the court was that Fraternity encourages intermingling, not exclusion, and it cannot be used to deny citizenship granted under valid law.

Legal Insights

The Supreme Court of India stresses that fraternity, as given in the Preamble, promotes unity and social cohesion among all Indians, including those of different backgrounds. It dismissed the narrow interpretation of the petitioner related to  fraternity as a ground to exclude certain groups from citizenship.

Impact

The judgment ensures the continued validity of Section 6A of the Citizenship Act, reaffirming citizenship for migrants who entered efore the cut-off date. It also stops the use of fraternity as a legal tool to delegitimize lawful residents.

Why It Matters

This ruling of the Supreme Court settles a long-standing constitutional challenge and focuses on the inclusive nature of fraternity in India’s democracy, showcasing the balance between individual rights and national unity.

 

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Written By Archana Singh

I am Archana Singh, a recent law master's graduate with a strong aspiration for the judicial service. My passion lies in elucidating complex legal concepts, disseminating legal news, and enhancing legal awareness. I take immense pride in introducing my new legal website - The LawGist. Through my meticulously crafted blogs and articles, I aim to empower individuals with comprehensive legal insights. My unwavering dedication is to facilitate a profound comprehension of the law, enabling people to execute judicious and well-informed choices.

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