The Supreme Court in today's hearing issued a significant directive to the Union Government, compelling it to provide detailed information on the issue of illegal migration to Assam and other North-Eastern states post-March 25, 1971. This directive was delivered today on Thursday 07.12.2023 during the hearing of a set of petitions challenging Section 6A of the Citizenship Act 1955, introduced to implement the provisions of the Assam Accord of 1985.

The Constitution Bench, comprising Chief Justice DY Chandrachud and Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra, underscored the gravity of the issue of illegal immigration. Despite any stance on Section 6A, the Court expressed a commitment to addressing this matter with utmost seriousness.

The bench mandated the Central Government to report on administrative measures taken to address illegal immigration, particularly in Assam. Specific details were sought, including the extent of border fencing and anticipated timelines for completing the border fencing project.

In addition, the Court requested information on the number of individuals granted citizenship under Section 6A, focusing on those who arrived in Assam between January 1, 1966, and March 25, 1971. The bench also sought the count of individuals identified as foreigners under the Foreigners Tribunals Order 1964 during this period.

The comprehensive information requested includes details on individuals who entered the region after March 25, 1971. This encompasses the total number of foreigners tribunals established by the Union, cases disposed of by these tribunals, current pending cases, average resolution duration, and cases awaiting resolution before the Gauhati High Court. The Court has set a deadline for the submission of this information by the upcoming Monday.

Importantly, the Court specified that if certain details require input from the state government, the state of Assam must provide the relevant data. However, a unified affidavit is expected to be jointly filed by the State of Assam and the Union of India, streamlining the submission process and ensuring comprehensive and coordinated information on the specified matters.

The cutoff date of March 25, 1971, holds significance as it marks the beginning of the Bangladesh Liberation War. As per Section 6A, individuals of Indian origin migrating to Assam from the present-day Bangladesh region between January 1, 1966, and March 25, 1971, are eligible for Indian citizenship. Conversely, those migrating post-March 25, 1971, are not eligible and may face deportation as foreigners. Foreigners Tribunals play a crucial role in determining the status of individuals as illegal migrants or Indian citizens, referencing the specified cutoff date.

As the hearing progresses, the Supreme Court remains focused on addressing the complexities surrounding illegal immigration in the North-Eastern states, emphasizing the need for transparency and coordination from the government.

Case: In Re: Section 6A Citizenship Act 1955.

Click here to read/download order.