A Constitution bench of Supreme Court has deferred the matter involving
challenge to the constitutionality of Section 6A of the Citizenship Act to December 5.
A set of petitions before the Apex Court call the provision discriminatory in granting citizenship to illegal immigrants from Bangladesh.
Section 6A in the Citizenship Act was put as a special provision to deal with the citizenship of people who were covered by the Assam Accord.
As per the provision everyone who has come to Assam on or after January 1, 1966 but before March 25, 1971 from defined territories, including Bangladesh, (Citizenship Act amended in 1985) and have been residents of Assam since then must register themselves under section 18 for citizenship.
Thus, the cut-off date for granting citizenship to Bangladeshi migrants in Assam has been fixed to March 25, 1971 as Union seeks deferment of Assam Citizenship Pleas before Supreme Court.
Before the bench headed by CJI , the Solicitor General said that the matters regarding Section 6A of Citizenship Act was coming tomorrow.
He added that he along with Mr Sibal need some more time as this is the last week before the Diwali breaks…
Advocate Sibal said he endorses union’s plea.
SG Mehta said that the impugned amendment was 50 years back whereby the people who came in war were granted citizenship.
The CJI however said that this was not a preliminary submission, it’s on merit. He added that assembling a Constitution Bench is very difficult and for breaking a bench virtually, roster will have to be rearranged.
The CJI said that a fresh matter cannot be placed before new benches? They’d have to read…
CJI questioned how can they adjourn a CB and the matter should be mentioned tomorrow.
The Solicitor General said that there is always an alternative list which is there in case CB doesn’t assemble.
To which the CJI agreed stating that they will assemble in CB post Diwali breaks- the first week.
CJI added that the moment hearing goes to 5th Dec, effectively Court is left with 5th,6th,7th. After that miscellaneous week. Then it goes to Jan.
CJI also reminded that 9th January, Court has a matter for Aligarh Muslim University and Orissa Sales Tax…
SG Mehta said that this was a 50 year old law and there is no urgency.
However, Advocate Jaising refuted the point questioning how can citizenship will not be urgent?
The Solicitor General said that he understands the matter but meant that but a weeks delay etc would be fine.
The matter has been listed for December 5, 2023.