The Supreme Court of India upheld Thursday Section 6A of the Citizenship Act, 1955, which grants Indian citizenship to immigrants from outside India who entered the Indian state of Assam before March 25, 1971.

In a 4-1 majority decision, the court emphasized that this provision is consistent with the principle of fraternity and does not violate any constitutional articles. The court defined the principle of fraternity as “fundamentally geared towards fostering interconnectedness among Indians” and says it was “envisaged to be a principle for uplifting marginalised sections of society.” The judgment also highlighted the importance of effective policy measures to prevent illegal immigration in Assam, including timely identification, detection, and deportation. The dissenting opinion argued that Section 6A does not follow a consistent national framework for citizenship.

The provision was challenged by several leaders and organizations from Assam, who argued it was diluting the political rights of the citizens of the state of Assam against immigrants. The provision was added following an agreement between the Assam State leaders and the Indian Government in 1985 called the Assam Accord.

Bharatiya Janata Party (BJP) spokesperson, Ravi Shankar Prasad, shared the views of his party, which rules both India and Assam, at a press conference. He stated:

Today the Supreme Court has delivered a very historic verdict on the constitutional validity of Section 6A of the Citizenship Act. This provision was added to the Indian Citizenship Act in the wake of the Assam Accords. The core of this provision is that those who entered Assam till 1966, will be treated as citizens of India, and those who came between 1966 and 1971 shall be subject to compliance with the rules required. All those who have come after 1971 will surely be treated as illegal immigrants.

Section 6A of the Citizenship Act of 1955 makes special provisions for citizenship for individuals covered by the Assam Accord. It applies to people of Indian descent who entered Assam from Bangladesh before January 1, 1966, and grants them Indian citizenship if they have remained there since. Those who entered between January 1, 1966, and March 25, 1971, must register with authorities, and after ten years of citizenship rights (excluding voting), they are granted full citizenship.

The Assam Accord, signed in 1985, addresses illegal immigration in Assam. It contains several clauses aimed at detecting and deporting foreigners, securing the international border, and providing constitutional, legislative, and administrative safeguards to protect the Assamese people’s cultural, social, and linguistic identities. The Accord also emphasizes economic development, preventing encroachment on government lands and restricting foreigners’ ability to acquire immovable property. Several actions have been taken to implement these clauses, including establishing institutions, infrastructure projects, and measures to strengthen border security.