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​Which Section of the Citizenship Act, 1955, did the Supreme Court of India uphold in October 2024?
Question

​Which Section of the Citizenship Act, 1955, did the Supreme Court of India uphold in October 2024?

A.

Section 6A

B.

Section 7

C.

Section 8A

D.

Section 6B

Correct option is A

The correct answer is (a) Section 6A

Explanation:

  • In October 2024, the Supreme Court of India upheld the validity of Section 6A of the Citizenship Act, 1955.
  • This section specifically deals with the grant of Indian citizenship to persons who migrated from Bangladesh to Assam under certain conditions, based on the Assam Accord of 1985.
  • The court ruled that Section 6A is constitutionally valid and does not violate Articles 14 (Right to Equality), 21 (Right to Life and Personal Liberty), or 355 (duty of the Union to protect every State against external aggression and internal disturbance) of the Indian Constitution.

Information Booster:

Key points of Section 6A:

  • It applies only to Assam.
  • Migrants from Bangladesh who entered Assam:
    • Before January 1, 1966: Deemed Indian citizens.
    • Between January 1, 1966, and March 24, 1971: Required to register. They were not considered citizens for 10 years (disenfranchised) but granted full citizenship afterward.
    • After March 24, 1971, Treated as illegal migrants and not eligible for Indian citizenship.

This provision was challenged on the grounds that it granted citizenship to a specific group and violated the constitutional principles. However, the Supreme Court upheld it in 2024.

Additional Knowledge:

Section 7:

  • Deals with citizenship by incorporation of territory. If a new territory becomes part of India, the government may notify that persons in that territory shall become Indian citizens.

Section 6B:

  • Introduced under the Citizenship (Amendment) Act, 2019 (CAA).
  • This section provides relaxation of the requirement for illegal migrants belonging to six religious communities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Pakistan, Afghanistan, and Bangladesh to be granted Indian citizenship under certain conditions.
  • It does not apply to Muslims and does not apply to tribal areas of Assam, Meghalaya, Mizoram, or Tripura.

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