Citizenship Act: Govt must be given leeway to make vital adjustments for nation's well-being, says SC
PTC News Desk: The Supreme Court said Wednesday that the government must be given "latitude and leeway" to make the necessary adjustments to save the country, noting that several northeastern states are affected by insurgency and violence.
A five-judge constitution bench led by Chief Justice DY Chandrachud said governments must make compromises for the overall well-being of the nation, referring to section 6A of the Citizenship Act, which is applicable exclusively to Assam.
"We must also provide this latitude to the government. Even today, there are parts of the North East that, while we may not name them, are affected by insurgency and violence. We must give the government the leeway it needs to make the necessary changes to save the country," Chandrachud said.
He made the remark after senior advocate Shyam Divan, who was representing the petitioners, claimed that Section 6A operates in a "blanket manner" and rewards illegal immigrants who remain in Assam in violation of the citizenship law.
"Assam and other immediate neighbouring border states form a homogeneous single class. Singling out Assam is impermissible," advocate Divan stated.
The bench, which also includes Justices Surya Kant, M M Sundresh, J B Pardiwala, and Manoj Misra, is hearing 17 petitions challenging the constitutionality of Section 6A of the Citizenship Act, which deals with illegal immigrants in Assam.
Section 6A of the Citizenship Act was added as a special provision to deal with the citizenship of people covered by the Assam Accord.
It states that those who arrived in Assam on or after January 1, 1966, but before March 25, 1971, from specified territories, including Bangladesh, in accordance with the Citizenship Act amended in 1985, and have lived in the northeastern state since then, must register under section 18 to get Indian citizenship. As a result, the provision establishes March 25, 1971, as the deadline for granting citizenship to Bangladeshi migrants in Assam.
Divan had sought a declaration that the provision was invalid, as well as a directive to the Centre to develop a policy in consultation with the states/UTs for the settlement and rehabilitation of all people of Indian origin who came to Assam after January 6, 1951, proportionally across the country.
- With inputs from agencies
