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Section 6A is a special provision added through Citizenship Amendment Act, 1985 in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ between then central government and leaders of the Assam Movement.
- It conferred citizenship to those who migrated from East Pakistan (now Bangladesh) to Assam from January 1, 1966, until 24 March 1971 upon completion of ten years from the date of detection as a foreigner.
SC judgment
- On legislative competence of Parliament to enact Section 6A: the law is enacted in exercise of the power under Article 246 read with Entry 17 of List I (Union list)
- Entry 17 deals with Citizenship, naturalisation and aliens.
- Article 14 (Equality): Assam’s special citizenship law does not violate equality because the migrant situation in Assam was unique in comparison to the rest of India.
- Impact on Culture (Article 29): No evidence that migrants harmed the cultural rights of Assamese.
- On cutoff date of 24 March 1971: It is reasonable because the Pakistani Army launched Operation SearchLight to curb the Bangladeshi nationalist movement in East Pakistan on 26 March 1971.
- Migrants after this date were considered to be migrants of war and not partition.
About Citizenship Act, 1955
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