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2023 DIGILAW 1420 (SC)

In Re: Section 6a Of The Citizenship Act 1955 v. .

2023-12-07

D.Y.CHANDRACHUD, J.B.PARDIWALA, M.M.SUNDRESH, MANOJ MISRA, SURYA KANT

body2023
ORDER : 1. The provisions of Section 6A of the Citizenship Act 1955 can broadly be bifurcated in three time periods: (i) The period prior to 1 January 1966 (Sub-section 2); (ii) The period between 1 January 1966 and 25 March 1971 (Sub-section 3); and (iii) The period from 26 March 1971. 2. Section 6A has provided for the grant of citizenship to persons of Indian origin, originating in the specified territory who have entered Assam between the statutory time periods (set out in (i) and (ii) above) and who have been ordinarily residents of Assam after the date of entry. 3. The distinction between sub-section (2) and sub-section (3) of Section 6A is that the grant of citizenship under sub-section (3) is contingent on additional condition, namely, detection by the Foreigners Tribunal under the Foreigners (Tribunal) Order 1964 and registration. Upon being detected as a foreigner, sub-section (3) contemplates that such an individual must be registered in accordance with the rules made by the Central Government under Section 18. Sub-section (4) of Section 6A stipulates that such an individual would be entitled to the same rights and obligations as a citizen of India, but would not be entitled to entry in the electoral roll for a period of ten years. Upon the expiry of ten years, the person registered under sub-section (3) would be deemed to be a citizen of India for all purposes. 4. The third period is after 26 March 1971. The provisions of Section 6A make it abundantly clear that the conferment of deemed citizenship does not extend to such persons who have entered on or after 26 March 1971. 5. This Court is in the process of hearing arguments assailing the constitutional validity of Section 6A of the Citizenship Act 1955. While the arguments raising the constitutional challenge form the core of the controversy, submissions have been urged before this Court in regard to the impact of illegal immigration into Assam, inter alia, on the demographics and the cultural fabric of the State. Other submissions have been urged, including the validity of the provision on the anvil of Articles 14, 21, 29 and 355 of the Constitution of India. 6. At this stage, it is necessary to have certain data based disclosures by the Union Government in the Ministry of Home Affairs. Other submissions have been urged, including the validity of the provision on the anvil of Articles 14, 21, 29 and 355 of the Constitution of India. 6. At this stage, it is necessary to have certain data based disclosures by the Union Government in the Ministry of Home Affairs. Where a specific aspects of the data which has been sought by this order implicates the functions of the State Government, the data shall be shared by the Government of Assam with the Ministry of Home Affairs. However, the learned Solicitor General has indicated that a common affidavit shall be filed both on behalf of the Union of India and the State of Assam since both the entities are represented by him. An affidavit shall be filed before this Court on or before 11 December 2023 on the following aspects: (i) The number of persons to whom citizenship has been granted under the provisions of Section 6A(2), namely, persons who came into Assam between 1 January 1966 and 25 March 1971; (ii) How many persons have been detected to be foreigners by an order of the Foreigners Tribunal under the Foreigners (Tribunal) Order 1964 with reference to the above period of 1966 – 1971; (iii) The estimated inflow of illegal migrants into India, including but not confined to the State of Assam after 25 March 1971; (iv) In respect of persons who are alleged to have entered India, including the State of Assam, after 25 March 1971: (a) The total number of Foreigners Tribunals which have been set up by the Union/State Government(s) and how many are functioning at present; (b) The total number of cases which have been disposed of; (c) The number of cases which are pending as of date; (d) The average time taken for the disposal of cases; and (e) The number of cases which are pending before the Gauhati High Court arising from orders of the Foreigners’ Tribunals. (v) The steps which have been taken by the Union Government at the administrative level to deal with illegal immigration into the territory of India including the North-Eastern States, particularly, the State of Assam; and (vi) The extent of border fencing which has been carried out; the steps which the Union Government intends to take to complete the exercise of border fencing; and the estimated time lines to complete the exercise of border fencing. 7. 7. Soft copies of the affidavit shall be served on the counsel for the contesting parties. 8. Arguments heard in-part. 9. Put up for further hearing on 12 December 2023 as a part heard matter.