Will first resolve constitutionality of part 6A of Citizenship Act: SC

By Express News Service

NEW DELHI: The Supreme Court on Tuesday stated that it might first resolve the validity of Section 6A of the Citizenship Act, 1955 which grants citizenship to unlawful immigrants largely from neighbouring Bangladesh, who entered Assam earlier than March 1971. 

The provision which was inserted in furtherance of a Memorandum of Settlement was signed by Rajiv Gandhi authorities with leaders of the Assam Movement on August 15, 1985. Called “Assam Accord”, the settlement was signed for preserving and defending Assamese tradition, heritage, linguistic and social id.

This part granted rights and obligations of Indian residents to foreigners who entered Assam earlier than January 1, 1966, and had been “ordinarily resident” within the State.

It additional stated that the foreigners who entered the State between January 1, 1966, and March 25, 1971, would have the identical rights and obligations besides that they’d not be capable to vote for 10 years.

While listening to pleas most well-liked by Assam Public Works difficult part 6A of the Act, a five-judge bench headed by CJI DY Chandrachud stated, “Whether section 6A suffers from any constitutional infirmity? That covers everything. We’ll frame that primarily as the issue. That doesn’t stop us from framing other issues later.” 

The bench additionally comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha additionally granted the events three weeks to organize frequent compilations.

The pleas difficult the stated provision contended that the identical was discriminatory because it was in violation of article 6 of the Constitution. According to the stated article, July 19, 1948, was mounted as a deadline for granting citizenship.

The SC on December 17, 2014, had framed 13 questions for the aim of protecting numerous points that had been raised difficult the constitutionality of part 6A. In December 2015, the bench after framing 13 points had referred them for adjudication by a five-judge bench.

NEW DELHI: The Supreme Court on Tuesday stated that it might first resolve the validity of Section 6A of the Citizenship Act, 1955 which grants citizenship to unlawful immigrants largely from neighbouring Bangladesh, who entered Assam earlier than March 1971. 

The provision which was inserted in furtherance of a Memorandum of Settlement was signed by Rajiv Gandhi authorities with leaders of the Assam Movement on August 15, 1985. Called “Assam Accord”, the settlement was signed for preserving and defending Assamese tradition, heritage, linguistic and social id.

This part granted rights and obligations of Indian residents to foreigners who entered Assam earlier than January 1, 1966, and had been “ordinarily resident” within the State.

It additional stated that the foreigners who entered the State between January 1, 1966, and March 25, 1971, would have the identical rights and obligations besides that they’d not be capable to vote for 10 years.

While listening to pleas most well-liked by Assam Public Works difficult part 6A of the Act, a five-judge bench headed by CJI DY Chandrachud stated, “Whether section 6A suffers from any constitutional infirmity? That covers everything. We’ll frame that primarily as the issue. That doesn’t stop us from framing other issues later.” 

The bench additionally comprising Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha additionally granted the events three weeks to organize frequent compilations.

The pleas difficult the stated provision contended that the identical was discriminatory because it was in violation of article 6 of the Constitution. According to the stated article, July 19, 1948, was mounted as a deadline for granting citizenship.

The SC on December 17, 2014, had framed 13 questions for the aim of protecting numerous points that had been raised difficult the constitutionality of part 6A. In December 2015, the bench after framing 13 points had referred them for adjudication by a five-judge bench.