Source: TOI
Context: India’s Supreme Court upheld Section 6A of the Citizenship Act, granting citizenship to Bangladeshi migrants who entered India before March 25, 1971.
Background:
- Enacted in 1985 as part of the Citizenship (Amendment) Act, following the Assam Accord.
- The Assam Accord aimed to resolve issues related to the influx of illegal migrants from Bangladesh into Assam after the Bangladesh Liberation War (1971).
- Section 6A was inserted specifically to address the unique historical and demographic challenges faced by Assam due to large-scale migration.
Provisions:
- Citizenship for Migrants Pre-1966:
Persons of Indian origin who entered Assam from Bangladesh before January 1, 1966, were granted Indian citizenship retroactively. - Migrants Between 1966-1971:
Migrants who arrived between January 1, 1966, and March 25, 1971 were to register and were granted citizenship after 10 years of residence, provided they fulfilled certain conditions. - Post-1971 Migrants:
Persons who entered Assam after March 25, 1971, were to be detected and deported as per the law.
About Citizenship Act, 1955:
- Governing Indian Citizenship: The Citizenship Act, 1955 regulates who can obtain Indian citizenship based on birth, descent, registration, or naturalization.
- Illegal Immigrants: The Act bars illegal immigrants from obtaining citizenship. An illegal immigrant is someone who:
- Enters India without valid documents (e.g., passport, visa), or
- Enters with valid documents but overstays beyond the permitted period.
- Single Citizenship: India follows a policy of single citizenship, and the Act does not allow dual citizenship.
- Constitutional Framework: Citizenship matters fall under the Union List and are dealt with in Part II of the Indian Constitution (Articles 5-11). The term “citizen” is not defined in the Constitution, leaving it to statutory laws like the Citizenship Act.
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