Guwahati, Oct 17: The Supreme Court’s five-judge Constitution bench upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, by a 4:1 majority on Thursday. This provision, introduced in 1985 as part of the Assam Accord, sets the framework for granting citizenship to certain migrants in Assam.

Here are the key points from the SC judgment in pleas challenging Constitutional validity of Section 6A of Citizenship Act:

4:1 ratio judgment, Justice Pardiwala dissents

CJI DY Chandrachud concurs but gives separate opinion

Justice Surya Kant renders his opinion along with that of Justices MM Sundresh & Justice Manoj Misra

CJI says Assam Accord was political solution to the problem of illegal migrants

Justice Kant rejects that 6A can be applied to other states including West Bengal

Problem of Assam was much severe: Justice Kant

Though we’ve upheld the validity of 6A, there is lack of implementation which may cause injustice to many: Justice Kant

State has the power to identify and deport illegal migrants through not only Foreigners Act, but also under other similar laws for the purpose: Justice Surya Kant

Upholding March 1971 deadline, SC said that India took sympathetic view given the atrocities in Bangladesh

After March 1971, Govt viewed the immigration with different lens: SC

Justice Pardiwala in his dissenting opinion: Section 6A may be valid at the time of enactment but by afflux of time, it has become temporarily flawed

Section 6A was enacted to give legislative recognition to the political settlement: Justice Pardiwala

Also Read: Assam Congress chief not afraid of Samaguri-like violence ahead of by-poll

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