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Picture Courtesy: https://www.thehindu.com/news/national/section-6a-of-citizenship-act-constitution-bench-in-majority-judgment-upholds-validity/article68763594.ece
The Supreme Court by a majority decision of 4:1 upheld the constitutional validity of Section 6A of the Citizenship Act 1955.
The Supreme court underlined the principle of fraternity mentioned in the Indian Constitution and highlighted that this principle should not be applied selectively.
The Court argued that if denying citizenship leads to disenfranchising many people, then the values of fraternity and inclusion must be given preference.
Section 6A of the Citizenship Act 1955 came into effect as part of the 'Assam Accord,' a settlement made in 1985 between the Indian government and leaders of the Assam Movement.
Section 6A addresses issues related to illegal immigration in Assam and to protect the cultural and social identity of the Assamese people.
It allows certain immigrants from Bangladesh who have been living in Assam to apply for Indian citizenship. The ruling has its roots in the Assam Accord of 1985; a political agreement aimed at resolving issues of illegal immigration and demographic changes in Assam.
It aims to protect the Assamese culture, heritage, and linguistic identity, it recognises the concerns of locals who feared losing their unique identity due to an influx of immigrants.
Under Section 6A, foreigners who entered Assam before January 1, 1966, and were considered "ordinarily resident" were granted full citizenship rights; they could vote and participate in all aspects of Indian society.
Those who entered Assam between January 1, 1966, and March 25, 1971, were also granted citizenship rights, but with restriction: they could not vote for ten years.
Those who entered after March 25, 1971, are not eligible for citizenship under section 6A.
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SECTION 6A OF THE CITIZENSHIP ACT
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PRACTICE QUESTION Q.The principle of fraternity in the Indian Constitution aims to promote which of the following? 1. National integration 2. Social justice 3. Communal harmony Select the correct answer using the codes given below: A) 1 and 2 only B) 2 and 3 only C) 1 and 3 only D) 1, 2 and 3 Answers: D Explanation: Fraternity mentioned in the Constitution emphasizes the need for unity and brotherhood among citizens. It promotes national integration (1) by encouraging diverse groups to coexist peacefully. It also seeks social justice (2) by ensuring equal rights and opportunities for all and promotes communal harmony (3) by reducing conflicts between different communities. |
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