Assam Accord : Supreme Court To Decide Constitutionality Of Section 6A Of Citizenship Act As Preliminary Issue
1 year, 11 months ago

Assam Accord : Supreme Court To Decide Constitutionality Of Section 6A Of Citizenship Act As Preliminary Issue

Live Law  

A Constitution Bench of the Supreme Court, on Tuesday, framed the preliminary issue in the matter concerning the constitutional validity of Section 6A of the Citizenship Act inserted by way of an amendment in 1985 in furtherance of the Assam Accord. The bench noted that the issue - "Whether Section 6A of the Citizenship Act suffers from any constitutional infirmity?" CJI DY Chandrachud remarked– "Whether Section 6A of the Citizenship Act suffers from any constitutional infirmity? In this matter, the issue pending is whether the expression "every person born in India" would apply only to persons born to Indian citizens and whether the expression "either of whose parents is a citizen of India at the time of his birth" in S.3 of the Citizenship Act, 1955 would apply to only a person who is born to parents one of whom is a citizen and the other a foreigner, provided he or she has entered India lawfully and his/her stay in India is not in contravention of applicable Indian laws.

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History of this topic

Supreme Court Upheld Assam Accords-Based Section 6A of Citizenship Act: A Historic Ruling on Immigration and Citizenship
2 months ago

Supreme Court Upheld Assam Accords-Based Section 6A of Citizenship Act: A Historic Ruling on Immigration and Citizenship

The Hindu  

The Supreme Court has upheld the constitutional validity of Section 6A of the Citizenship Act, 1955 (1955 Act). Section 6A allows migrants who entered India before March 25, 1971, to obtain Indian citizenship on the basis of their entry date rather than their place of origin. The court found that the provision does not violate the equality clause under Article …

Supreme Court Rules on Section 6A of Citizenship Act: A Historical Perspective
2 months ago

Supreme Court Rules on Section 6A of Citizenship Act: A Historical Perspective

The Hindu  

The Supreme Court of India has upheld Section 6A of the Citizenship Act, 1985, which granted deemed citizenship to those who entered Assam from areas in erstwhile East Pakistan before 1966. However, the provision was struck down because it created a system of registration for immigrants from 1971 to 1976, who had to be declared foreigners by a tribunal before …

Supreme Court Rules on Section 6A of the Citizenship Act, 1955: A Historic Decision on Migration and Citizenship in Assam
2 months ago

Supreme Court Rules on Section 6A of the Citizenship Act, 1955: A Historic Decision on Migration and Citizenship in Assam

Hindustan Times  

The Supreme Court has ruled in a 4-1 decision on Section 6A of the Citizenship Act, 1955, which allows people who came to Assam on or after January 1, 1966, and before March 25, 1971, and residing in the state to register as Indian citizens after a hiatus of 10 years. The majority view has found the provision to be …

SC Rejects Argument That Mere Presence of Different Ethnic Groups In A State Doesn't Violate Cultural Rights of Local Population: Supreme Court in Assam Accord Case
2 months, 1 week ago

SC Rejects Argument That Mere Presence of Different Ethnic Groups In A State Doesn't Violate Cultural Rights of Local Population: Supreme Court in Assam Accord Case

Live Law  

The Supreme Court has dismissed the argument that conferring citizenship to migrants from Bangladesh infringes the cultural and linguistic rights of Assamese guaranteed under Article 29 of the Constitution. The Court held that mere presence of different ethnic groups in a State is not sufficient to infringe the right guaranteed by Article 29(1).

CAA: A legislation largely misunderstood?
5 months ago

CAA: A legislation largely misunderstood?

New Indian Express  

The Citizenship Act of 1955, which was designed for the purpose of acquisition and determination of Indian citizenship, traces its origins to the constitutional provisions of our country. Now with the CAA 2019, migrants belonging to the above-mentioned category have only a waiting period of up to five years, and the categories of persons not mentioned in the amendment law …

'Union Itself Aware That There's No Urgency To Enforce CAA' : Kerala Moves Supreme Court For Stay Of Citizenship Amendment Act
9 months, 1 week ago

'Union Itself Aware That There's No Urgency To Enforce CAA' : Kerala Moves Supreme Court For Stay Of Citizenship Amendment Act

Live Law  

The State of Kerala has approached the Supreme Court seeking an interim injunction restraining the Union from implementing the Citizenship Amendment Act, 2019 and its recently notified Rules. The Centre notified the Citizenship Amendment Rules to enforce the controversial Citizenship Amendment Act, 2019, which is the subject of numerous ongoing litigations. To provide a brief background, the contentious Citizenship Amendment …

AIMIM president Asaduddin Owaisi moves Supreme Court over implementation of CAA
9 months, 1 week ago

AIMIM president Asaduddin Owaisi moves Supreme Court over implementation of CAA

India TV News  

AIMIM president Asaduddin Owaisi on Saturday approached the Supreme Court seeking to stay the implementation of the Citizenship Amendment Act, 2019 and the Rules, 2024. The Centre on March 11 implemented the Citizenship Act, 2019, notifying the rules four years after the contentious law was passed by Parliament to fast-track citizenship for undocumented non-Muslim migrants from Pakistan, Bangladesh and Afghanistan …

Citizenship Amendment Act: Constitutional Perspectives and Controversies
9 months, 1 week ago

Citizenship Amendment Act: Constitutional Perspectives and Controversies

News 18  

The Narendra Modi government on March 11 notified the implementation of the Citizenship Amendment Act. Article 14 states that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” It essentially means that any action taken by the state that discriminates between individuals is considered void, …

'CAA Will Ensure Only Muslims Excluded From NRC Will Face Action' : Assam Congress Leaders Approach Supreme Court
9 months, 1 week ago

'CAA Will Ensure Only Muslims Excluded From NRC Will Face Action' : Assam Congress Leaders Approach Supreme Court

Live Law  

The Leader of Opposition in the Assam Assembly, Mr. Debabrata Saika, and Congress MP from Assam, Mr. Abdul Khaleque, have filed an interim application in the Supreme Court seeking a stay on the implementation of the Citizenship Amendment Rules 2024 notified on March 11. Yesterday, the All Assam Students Union filed a writ petition in the Supreme Court seeking the …

Supreme Court reserved verdict on key section of Citizenship act
1 year ago

Supreme Court reserved verdict on key section of Citizenship act

Hindustan Times  

A Constitution bench of the Supreme Court on Tuesday said that it does not deny that the issue of illegal immigration is “serious” while reserving orders on a bunch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act. A constitution bench of the Supreme Court reserves order on petitions challenging the constitutional validity of Section 6A …

Assam Accord : Supreme Court Reserves Judgement On Pleas Challenging Constitutional Validity Of Section 6A Of Citizenship Act
1 year ago

Assam Accord : Supreme Court Reserves Judgement On Pleas Challenging Constitutional Validity Of Section 6A Of Citizenship Act

Live Law  

A Constitution Bench of the Supreme Court reserved its judgement in the batch of petitions challenging Section 6A of the Citizenship Act 1955 today. Section 6A of the Citizenship Act 1955 allows foreign migrants of Indian origin, who came to Assam after the 1st January, 1966 but before the 25th March, 1971, to seek Indian citizenship. During the proceedings, Solicitor …

Citizenship Act hearing LIVE updates Day 4 | Accurate data on illegal immigrants not possible, Centre tells SC
1 year ago

Citizenship Act hearing LIVE updates Day 4 | Accurate data on illegal immigrants not possible, Centre tells SC

The Hindu  

A Constitution Bench headed by Chief Justice of India D.Y. Section 6A is a special provision inserted into the 1955 Act in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August 15, 1985, by the then Rajiv Gandhi Government with the leaders of the Assam Movement to preserve and protect the Assamese culture, heritage, linguistic and …

Citizenship Act hearing | SC asks Govt. for data on illegal migration in North-East States after 1971, steps taken to combat it
1 year ago

Citizenship Act hearing | SC asks Govt. for data on illegal migration in North-East States after 1971, steps taken to combat it

The Hindu  

The Supreme Court on Thursday directed the Union Government to furnish data on the number of immigrants who were conferred Indian citizenship through Section 6A of the Citizenship Act, 1955. During the proceedings, the Chief Justice also asked why ‘Assam was singled out’ in the application of Section 6A of the Citizenship Act when West Bengal shares a larger border …

Supreme Court asks Centre to provide data on grant of Indian citizenship to Bangladeshi immigrants in Assam
1 year ago

Supreme Court asks Centre to provide data on grant of Indian citizenship to Bangladeshi immigrants in Assam

India TV News  

The Supreme Court today directed the Centre to provide data on the number of Bangladeshi immigrants granted Indian citizenship in Assam between January 1, 1966 and March 25, 1971. A five-judge constitution bench headed by Chief Justice DY Chandrachud, which is hearing as many as 17 petitions to examine the constitutional validity of section 6A of the Citizenship Act relating …

Assam Accord | Government Has To Be Given Leeway To Make Compromises For Nation's Well Being, Says Supreme Court [Day 2 Hearing]
1 year ago

Assam Accord | Government Has To Be Given Leeway To Make Compromises For Nation's Well Being, Says Supreme Court [Day 2 Hearing]

Live Law  

While hearing petitions challenging Section 6A of the Citizenship Act 1955, the Supreme Court on Wednesday orally remarked that certain political compromises made by the government of the day for the overall welfare of the nation cannot be always judged on the basis of hindsight wisdom, as the Government has to be given the leeway to deal the expedient problems …

Citizenship Act hearing | Government needs latitude to make peace, says CJI
1 year ago

Citizenship Act hearing | Government needs latitude to make peace, says CJI

The Hindu  

Noting that the government should be given leeway if a ‘compromise’ is necessary to save the nation, Chief Justice of India D.Y. Chandrachud said the Assam Accord of 1985 and the new citizenship regime which followed in its wake might have been an “adjustment” reached by the Rajiv Gandhi government to calm the waves of violent anti-immigrant protests that rolled …

Supreme Court hearing on Assam Accord LIVE updates
1 year ago

Supreme Court hearing on Assam Accord LIVE updates

The Hindu  

While pointing out that even today several North-East States are affected by insurgency, Chief Justice of India D.Y. It is a special provision inserted into the 1955 Act in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August 15, 1985, by the then Rajiv Gandhi Government with the leaders of the Assam Movement to preserve and …

How did benefits given to migrants impact Assamese identity: SC
1 year ago

How did benefits given to migrants impact Assamese identity: SC

The Hindu  

Chief Justice of India D.Y. No evidence “There is no material to indicate that the impact of granting certain benefits to people who came in between 1966 and 1971 was so great that the demographics or the cultural identity of the State was affected by the inflow in those five years,” Chief Justice Chandrachud told senior advocate Shyam Divan, appearing …

Supreme Court hearing on the challenge to Section 6A of the Citizenship Act | Day 1
1 year ago

Supreme Court hearing on the challenge to Section 6A of the Citizenship Act | Day 1

The Hindu  

A five-judge Constitution Bench headed by Chief Justice of India D.Y. Section 6A is a special provision inserted into the 1955 Act in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August 15, 1985, by the then Rajiv Gandhi Government with the leaders of the Assam Movement to preserve and protect the Assamese culture, heritage, linguistic …

Assam illegal immigrants | Supreme Court postpones hearing on challenge to Section 6A of Citizenship Act to December 5
1 year, 1 month ago

Assam illegal immigrants | Supreme Court postpones hearing on challenge to Section 6A of Citizenship Act to December 5

The Hindu  

The Supreme Court on Monday adjourned a scheduled Constitution Bench hearing on a series of petitions challenging the constitutionality of Section 6A of the Citizenship Act, 1955, to December 5. Section 6A was a special provision inserted into the 1955 Act in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August 15, 1985 by the then …

Assam NRC | Supreme Court To Hear Challenge To Section 6A Citizenship Act From October 17
1 year, 3 months ago

Assam NRC | Supreme Court To Hear Challenge To Section 6A Citizenship Act From October 17

Live Law  

The Supreme Court today decided that it will commence hearing the batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955 from October 17, 2023. It may be recalled that on January 10, the Supreme Court had framed the preliminary issue in the matter as - "Whether Section 6A of the Citizenship Act suffers from …

Constitution Bench to hear challenge to Section 6A of Citizenship Act on October 17
1 year, 3 months ago

Constitution Bench to hear challenge to Section 6A of Citizenship Act on October 17

The Hindu  

A Constitution Bench led by Chief Justice of India D.Y. Chandrachud on Wednesday decided to hear from October 17 a series of petitions challenging the constitutionality of Section 6A of the Citizenship Act, 1955. Section 6A is a special provision inserted into the 1955 Act in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August 15, …

SC to start hearing on constitutional validity of Sec 6A of Citizenship Act
1 year, 11 months ago

SC to start hearing on constitutional validity of Sec 6A of Citizenship Act

Hindustan Times  

The Supreme Court will begin hearing on the constitutional validity of Section 6A of the Citizenship Act of 1955 next month, the top court said on Tuesday, even as the Centre said accompanying issues pertaining to the challenge to National Register of Citizens and setting up of foreigner tribunals in Assam should be separated, and taken up at a later …

Constitution Bench to take up Section 6A of Citizenship Act for preliminary determination
1 year, 11 months ago

Constitution Bench to take up Section 6A of Citizenship Act for preliminary determination

The Hindu  

A Constitution Bench led by Chief Justice of India D.Y. Chandrachud on Tuesday said it will first take up for preliminary determination whether Section 6A of the Citizenship Act, 1955 suffers from any “constitutional infirmity”. Section 6A was a special provision inserted into the 1955 Act in furtherance of a Memorandum of Settlement called the ‘Assam Accord’ signed on August …

Supreme Court to examine constitutional validity of Section 6A of Citizenship Act
1 year, 11 months ago

Supreme Court to examine constitutional validity of Section 6A of Citizenship Act

India TV News  

The Supreme Court on Tuesday said it would examine the constitutional validity of Section 6A of the Citizenship Act relating to illegal immigrants in Assam and commence the hearing on pleas after concluding the cases arising out of the division in the Shiv Sena. Section 6A in the Citizenship Act was inserted as a special provision to deal with the …

Constitution Bench lists Assam Accord citizenship case on January 10
2 years ago

Constitution Bench lists Assam Accord citizenship case on January 10

The Hindu  

A Constitution Bench on Tuesday listed for January 10, 2023 a series of long-pending petitions challenging Section 6A of the Citizenship Act, 1955 which allows citizenship to illegal immigrants, mostly from neighbouring Bangladesh, who entered Assam before March 1971. These petitions had been lying dormant while the court had gone ahead and monitored the publication of the final Assam NRC …

Assam Accord : Supreme Court CB Posted The Challenge Against Section 6A Citizenship Act For Directions On 13th December, 2022
2 years, 1 month ago

Assam Accord : Supreme Court CB Posted The Challenge Against Section 6A Citizenship Act For Directions On 13th December, 2022

Live Law  

A Constitution Bench of the Supreme Court, on Tuesday, posted the pleas challenging the constitutional validity of Section 6A of the Citizenship Act inserted by way of an amendment in 1985 in furtherance of the Assam Accord, for directions, on 13th December, 2022. It argued that Section 6A is discriminatory, arbitrary and illegal so far as it provides for different …

Assam Accord : Supreme Court CB To Set Hearing Schedule In Challenge Against Section 6A Citizenship Act On 1st November
2 years, 3 months ago

Assam Accord : Supreme Court CB To Set Hearing Schedule In Challenge Against Section 6A Citizenship Act On 1st November

Live Law  

The Supreme Court, on Wednesday,posted the hearing of the pleas challenging the constitutional validity of Section 6A of the Citizenship Act inserted by way of an amendment in 1985 in furtherance of the Assam Accord on 1st November, 2022.The bench will set out directions for scheduling the hearing dates on November 1.Senior Advocate, Ms. Indira Jaising had apprised the Constitution. …

1985: Assam Accord signed
2 years, 4 months ago

1985: Assam Accord signed

The Hindu  

Published : Aug 15, 2022 06:00 IST The Assam Accord, a Memorandum of Settlement, signed in the early hours of August 15, 1985, by the Union government, the All Assam Students’ Union and the All Assam Gana Sangram Parishad ended the six-year bloody agitation to detect, disenfranchise and deport “illegal” residents from the State. At the core of the Assam …

"Reconsider Your Decision": SC Allows Centre 4 Weeks For 'Comprehensive Re-look' On Presidential Order Excluding Assam From 'Inner Line Permit' Area
4 years, 3 months ago

"Reconsider Your Decision": SC Allows Centre 4 Weeks For 'Comprehensive Re-look' On Presidential Order Excluding Assam From 'Inner Line Permit' Area

Live Law  

The Supreme Court on Monday adjourned the plea challenging the Adaptation of Laws Order 2019, whereby the State of Assam has been excluded from Inner Line Area, in light of the Citizenship Amendment Act, 2019.A bench of Chief Justice SA Bobde, AS Bopanna & V. Ramasubramaniun allowed the Centre four weeks on the Attorney General's request. The Supreme Court on …

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