IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus

IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus

By majority (Surya Kant J. and concurring CJI Chandrachud and others) Section 6A of the Citizenship Act, 1955 is constitutionally valid: it falls within Parliament’s legislative competence, aligns with the object of Parts II and the Assam Accord, satisfies Article 14’s reasonable classification test (intelligible differentia and nexus with object), does not violate Arts.6,7,9,14,21,29,326 or 355, and can be read harmoniously with the Immigrants (Expulsion from Assam) Act, 1950 and the Foreigners Act, 1946; however the Court recognised inadequate enforcement and directed implementation measures and monitoring. (Note: Justice Pardiwala dissented, holding s.6A temporally unreasonable and...

Parties
Petitioner: Assam Public Works; Respondent: Union of India
Jurisdiction
India
Judgment Date
17 October 2024
Procedural Posture
Writ Petition (article 32) Referencing Constitutionality of Section 6 a of the Citizenship Act, 1955 / Constitution Bench Judgment (reference Answered)
Outcome
By majority Section 6A of the Citizenship Act 1955 held constitutionally valid; implementation deficiencies recognised and directions issued; (dissent: Section 6A declared unconstitutional with prospective effect by Pardiwala, J.)
Legal Topics
Section 6 a, Citizenship Act 1955, Article 14 (equality), Article 21 (life and Personal Liberty), Article 29(1) (protection of Interests of Sections of Citizens), Article 326 (elections Adult Suffrage), Article 355 (duty of Union to Protect States), Assam Accord, Immigrants (expulsion From Assam) Act 1950, Foreigners Act 1946, Illegal Migrants (determination by Tribunals) Act 1983
Constitutional Law Citizenship Law Immigration Law Administrative Law International Law Section 6 A, Citizenship Act 1955 Article 14 (equality) Article 21 (life and Personal Liberty) +7 more

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Parties

Assam Public Works

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (article 32) Referencing Constitutionality of Section 6 a of the Citizenship Act, 1955 / Constitution Bench Judgment (reference Answered)

Legal Issues

  1. 1 Constitutionality of Section 6A of the Citizenship Act 1955
  2. 2 Whether Section 6A violates preambular value of fraternity
  3. 3 Whether Section 6A is ultra vires Part II / conflicts with Arts. 6,7,9,11

Ratio Decidendi

By majority (Surya Kant J. and concurring CJI Chandrachud and others) Section 6A of the Citizenship Act, 1955 is constitutionally valid: it falls within Parliament’s legislative competence, aligns with the object of Parts II and the Assam Accord, satisfies Article 14’s reasonable classification test (intelligible differentia and nexus with object), does not violate Arts.6,7,9,14,21,29,326 or 355, and can be read harmoniously with the Immigrants (Expulsion from Assam) Act, 1950 and the Foreigners Act, 1946; however the Court recognised inadequate enforcement and directed implementation measures and monitoring. (Note: Justice Pardiwala dissented, holding s.6A temporally unreasonable and...

Court Disposition

By majority Section 6A of the Citizenship Act 1955 held constitutionally valid; implementation deficiencies recognised and directions issued; (dissent: Section 6A declared unconstitutional with prospective effect by Pardiwala, J.)

Orders

  • Section 6A declared constitutionally valid by majority; immigrants entering Assam before 01.01.1966 deemed citizens and those entering between 01.01.1966 and 24.03.1971 governed by s.6A(3) as interpreted
  • Direction that immigrants who entered Assam on or after 25.03.1971 are not entitled to s.6A protection and to be detected/deported in accordance with law (to be given effect to per Sarbananda Sonowal)