SC to begin hearing on pleas challenging Section 6A of Citizenship Act on October 17

A five-judge constitution bench headed by Chief Justice of India D Y Chandrachud noted that procedural directions had already been issued in the matter on January 10, 2023.

New Delhi: The Supreme Court Wednesday said it will begin hearing from October 17, a batch of pleas challenging the constitutionality of Section 6A of the Citizenship Act, 1955.

A five-judge constitution bench headed by Chief Justice of India D Y Chandrachud noted that procedural directions had already been issued in the matter on January 10, 2023. The bench noted that two nodal counsels appointed in the matter have prepared a common compilation and it needs to be brought in conformity with a circular issued on August 22, 2023, to streamline the filling of soft copies, particularly in matters before the constitution bench. The top court has scheduled the matter for hearing from October 17.

Centre and Assam government has contended that Section 6A is valid and urged the court to dismiss the petitions. Under Section 6A, foreigners who entered Assam before January 1, 1966, and were ordinarily resident, would have all the rights and obligations of citizens of India. Those who had entered the state between January 1, 1966 and March 25, 1971, would have the same rights and obligations except that they would not be able to vote for 10 years.

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 Rajiv Gandhi government, with the leaders of the Assam movement. It has been claimed that the section was inserted to preserve and protect the Assamese culture, heritage, linguistic, and social identity.

A three-judge bench of the apex court in 2015, had referred the case to a Constitution bench. The apex court had in December 2014, framed 13 questions covering various issues raised against the constitutionality of Section 6A.

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