SC SEEKS CENTRE’S REPLY ON IMMIGRATION ORDER IN ASSAM

SC SEEKS CENTRE’S REPLY ON IMMIGRATION ORDER IN ASSAM

Why is this issue in the news?

• The Supreme Court of India has sought a reply from the Union Government on a petition challenging a recent immigration order related to Assam.
• The order allows persecuted religious minorities from Afghanistan, Pakistan, and Bangladesh to stay in India, including Assam, even if they entered without valid travel documents.
• The benefit applies to those who entered India on or before 31 December 2024.
• The petition argues that this order violates the Assam Accord, 1985 and Section 6A of the Citizenship Act, 1955.

WHO FILED THE PETITION AND WHY IS IT IMPORTANT?

• The petition has been filed by Asom Gana Parishad (AGP).
• AGP is a regional political party of Assam formed after the Assam Movement.
• It is a signatory to the Assam Accord, making its role legally and politically significant.
• The party aims to protect Assamese demographic, cultural and linguistic identity.
• The petition is argued by Senior Advocate Jayant Bhushan and Advocate Rahul Pratap.

SC BENCH HEARING THE CASE

• The case is being heard by a bench headed by Chief Justice of India Justice Surya Kant.
• The Supreme Court has issued notice to the Union Government.
• The Court will examine the matter in detail after the Centre files its reply.
• Important fact: Justice Surya Kant was also part of the Constitution Bench that upheld Section 6A in October 2024.

Which law or order is being challenged?

A. Immigration and Foreigners (Exemption) Order, 2025

• Issued by the Ministry of Home Affairs (MHA).
• The challenge is focused on Clause 3(l)(e) of this order.

What does Clause 3(l)(e) provide?

• Clause 3(l)(e) allows religious minorities to stay in India, including Assam, even if they entered without passport or valid visa.
• The clause applies to the following communities:
  • Hindus
  • Sikhs
  • Buddhists
  • Jains
  • Parsis
  • Christians
• These minorities must have come from:
  • Afghanistan
  • Pakistan
  • Bangladesh
• The entry cut-off date is 31 December 2024.

Second law challenged – Immigration and Foreigners Act, 2025

• AGP has also challenged Section 33 of this Act.
• Section 33 gives the Central Government wide powers to:
  • Exempt certain foreigners from immigration laws.
  • Allow them to stay in India for an indefinite period.
• AGP argues that these powers are unrestricted and unchecked, which threatens constitutional balance.

WHAT IS ASSAM ACCORD (1985)?

Background

• Assam faced large-scale migration, mainly from present-day Bangladesh.
• People feared:
  • Change in population structure.
  • Loss of land and employment.
  • Threat to Assamese language and culture.
• This led to the Assam Movement (1979–1985).

Assam Accord – key features

• Signed in 1985.
• Parties involved:
  • Government of India
  • Government of Assam
  • AASU (All Assam Students’ Union)
• Main objectives:
  • Stop illegal migration.
  • Protect Assamese identity.

MOST CRUCIAL DECISION

• 25 March 1971 was fixed as the final cut-off date.
• Anyone entering Assam after this date was to be:
  • Identified as illegal.
  • Declared a foreigner.
• The date marks the start of the Bangladesh Liberation War.

SECTION 6A OF THE CITIZENSHIP ACT

• Section 6A was added by the Citizenship Amendment Act, 1985.
• It was enacted to implement the Assam Accord legally.
• Special nature of Section 6A:
  • Applies only to Assam.
  • Deals only with migration from Bangladesh.
  • Recognises Assam’s unique historical context.

HOW SECTION 6A CLASSIFIES IMMIGRANTS?

First category

• Persons who entered Assam before 1 January 1966.
• They are treated as Indian citizens with full rights.

Second category

• Persons who entered Assam between 1 January 1966 and 25 March 1971.
• They are allowed to stay.
• Citizenship granted after 10 years.
• No voting rights during the initial 10 years.

Third category

• Persons who entered Assam on or after 25 March 1971.
• They are illegal immigrants.
• They are not entitled to citizenship.
• They must be detected and deported.

SC JUDGEMENT ON SECTION 6A (OCTOBER 2024)

• A five-judge Constitution Bench examined Section 6A.
• The verdict was 4:1 majority.
• The Court held that Section 6A is constitutional.
• It does not violate:
  • Article 14 (Right to Equality)
  • Article 29 (Cultural Rights)
• The Court stated that the issue lies in poor enforcement, not in the law.
• It clearly held that immigrants entering after 25 March 1971 are illegal.

SECTION 6B

• Section 6B was introduced through CAA, 2019.
• Reason given by the government: religious persecution in neighbouring countries.

Who is covered under Section 6B?

• Religious minorities:
  • Hindus, Sikhs, Buddhists, Jains, Parsis, Christians.
• Countries:
  • Pakistan, Bangladesh, Afghanistan.
• Entry cut-off date: 31 December 2014.

WHY IS THE CONTROVERSIAL IN ASSAM?

• Section 6A cut-off: 25 March 1971.
• Section 6B cut-off: 31 December 2014.
• Both deal with immigration in Assam, but with different dates.
• Assam groups argue that Section 6A must prevail in Assam.

KEY ARGUMENTS RAISED BY AGP

• Extension of cut-off date destroys the purpose of the Assam Accord.
• Clause 3(l)(e) makes the 1971 cut-off meaningless.
• The 2025 order conflicts with Section 6A upheld by Supreme Court.
• Section 33 allows the Centre to legalise illegal immigrants.
• This violates federalism and constitutional limits.

CONSTITUTIONAL ISSUES INVOLVED

• Federalism: Dilution of a Centre–State agreement.
• Separation of powers: Executive order overriding parliamentary law.

Current status of the case

• The Supreme Court has issued notice to the Centre.
• The case will be heard in detail later.
• It may be heard along with CAA-related matters.

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