SC upholds Section 6A of Citizenship Act as valid law

The Supreme Court of India has upheld the constitutionality of Section 6A of the Citizenship Act, 1955, in a landmark judgment on October 17, 2024.

Section 6A: This section pertains to granting Indian citizenship to immigrants from Bangladesh who entered Assam between January 1, 1966, and March 25, 1971.

Judgment: The court upheld the validity of Section 6A by a 4:1 majority.

Assam Accord: The court recognized the Assam Accord of 1985 as a political solution to the issue of illegal migration.

About the Citizenship Act, 1955 The Citizenship Act, 1955 is the fundamental law governing the acquisition and termination of Indian citizenship. 

1. Acquisition of Citizenship: The Act outlines five ways to become an Indian citizen:

By Birth: Any person born in India on or after January 26, 1950, but before July 1, 1987, is a citizen of India by birth. Those born after July 1, 1987 and before December 4, 2003, in addition to one’s own birth in India, can get citizenship only if either of his parents was an Indian citizen at the time of birth.

2003 amendment: The amendment made the above condition more stringent, keeping in view infiltration from Bangladesh. Now the law requires that for those born on or after December 4, 2004, in addition to the fact of their own birth, both parents should be Indian citizens or one parent must be Indian citizen and other should not be an illegal migrant.

By Descent: A person born outside India on or after January 26, 1950, is a citizen of India by descent if their parents are citizens of India.

By Registration: The central government may, on an application, register any person as a citizen of India. 

By Naturalization: The central government may, on an application, grant a certificate of naturalization to any person who is not a citizen of India.

By Incorporation of Territory: Any person who is a citizen of India by virtue of the incorporation of any territory into India is a citizen of India. 

2. Termination of Citizenship: The Act also provides for the termination of Indian citizenship in cases such as renunciation, termination, and deprivation.

Overseas Citizenship: The Act includes provisions for Overseas Citizenship of India (OCI), which allows people of Indian origin to live and work in India indefinitely.

Amendments: The Act has been amended several times to address various issues related to citizenship, including the controversial Citizenship Amendment Act (CAA) of 2019.

About the Citizenship Amendment Act (CAA) of 2019: 

The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament of India on 11 December 2019.

Purpose: The CAA aims to provide a pathway to Indian citizenship for Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians from Afghanistan, Bangladesh, and Pakistan who entered India before December 31, 2014 due to religious persecution.

Exclusion: The Act does not extend the same provisions to Muslims, which has been a point of significant controversy and criticism. 

Implementation: The rules for implementing the CAA were notified in 2024, allowing eligible individuals to apply for Indian citizenship.

Legal Challenges: The Act has faced numerous legal challenges and protests, with critics arguing that it violates the Right to Equality enshrined in Article 14 of the Indian Constitution.