Highlights of SC's majority verdict on Section 6A of Citizenship Act

CJI DY Chandrachud, in his judgement, says Articles 6 and 7 of the Constitution prescribe a cut-off date of January 26, 1950 for conferring citizenship to migrants from East and West Pakistan.

Author :  PTI
Update: 2024-10-17 17:30 GMT

Supreme Court

NEW DELHI: Following are the highlights of the Supreme Court's majority judgment on Thursday in which it upheld the constitutional validity of Section 6A of the Citizenship Act which grants Indian citizenship to immigrants who came to Assam between January 1, 1966 and March 25, 1971.

*SC, by a majority of 4:1, upholds validity of Section 6A of the Citizenship Act which prescribes a time limit for grant of citizenship to immigrants.

*CJI DY Chandrachud, in his judgement, says Articles 6 and 7 of the Constitution prescribe a cut-off date of January 26, 1950 for conferring citizenship to migrants from East and West Pakistan.

* CJI says migrants, who came between January 1, 1966 and March 24, 1971, got citizenship on completion of 10 years from the date of detection as a foreigner.

* CJI says section 6A satisfies reasonable classification test.

*Two yardsticks employed in Section 6A, that is migration to Assam and the cut-off date of 24 March 1971 are reasonable.

* Justice Surya Kant, writing for himself, Justices M M Sundresh and Manoj Misra, concurs with CJI, holds that section 6A falls within the bounds of the Constitution and is a valid piece of legislation.

* Justice Kant holds immigrants who entered Assam prior to 1966 are deemed citizens.

* Immigrants, who entered between cut off dates of January 1, 1966 and March 25, 1971 can seek citizenship on fulfilling conditions.

* Justice Kant says earlier directions on deporting illegal immigrants be implemented.

* Implementation of immigration and citizenship legislations cannot be left to mere wish and discretion of authorities, needs constant monitoring by SC.

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