Daily Current Affairs : 9-December-2023
A Constitution Bench, led by the Chief Justice of India, is currently scrutinizing the constitutionality of Section 6A of the Citizenship Act, 1955. This analysis falls within the domain of GS II: Polity and Governance, delving into critical dimensions that underscore its significance.
Section 6A of the Citizenship Act, 1955: An Overview
Legislative Background:
Enacted as part of the Citizenship (Amendment) Act, 1985, Section 6A emerged from the Assam Accord of 1985. The accord aimed to address illegal migration from Bangladesh, specifically focusing on pre-1971 entrants to Assam.
Historical Context:
Rooted in the unique challenges faced by Assam during and after the Bangladesh Liberation War, the Assam Accord introduced Section 6A to target large-scale migration, emphasizing detection and deportation.
Provisions and Implications:
- Citizenship Status for Pre-1966 Migrants: Those arriving before January 1, 1966, were deemed Indian citizens.
- Registration Requirement for 1966-1971 Migrants: Those entering between 1966 and 1971 needed to register, with citizenship granted after 10 years of residence.
- Detection and Deportation for Post-1971 Entrants: Entrants after March 25, 1971, were subject to identification and deportation.
Challenges to Section 6A of the Citizenship Act, 1955
Constitutional Validity Concerns:
- Article 6 Violation: Petitioners argue infringement on Article 6, addressing the citizenship of individuals migrating from Pakistan.
- Article 14 Implications: Critics suggest a potential violation of Article 14, contending that the section’s criteria for Assam may be discriminatory.
Demographic Impact Criticisms:
- Influx of Illegal Migrants: Section 6A faces criticism for contributing to illegal migration into Assam, with concerns about demographic consequences and the legitimacy of migrants’ status.
Cultural Identity Concerns:
- Demographic Change and Cultural Impact: Critics argue that the provisions of Section 6A have led to a significant cultural impact, threatening the traditional identity of Assam.
Understanding Citizenship in India
Definition of Citizenship:
- Legal Status and Relationship: Citizenship signifies the legal status and relationship between an individual and a state, encompassing specific rights and duties.
Constitutional Framework:
- Articles 5 to 11: Constitutional provisions related to citizenship are outlined in Articles 5 to 11, covering various aspects such as acquisition, descent, naturalization, registration, relinquishment, and termination.
- Union List Jurisdiction: Citizenship falls within the exclusive jurisdiction of Parliament as per the Union List.
Legal Regulation: Citizenship Act, 1955
- Parliament’s Role: Parliament regulates citizenship matters through the Citizenship Act, 1955.
- Amendments: The Act has undergone six amendments, with the latest in 2019 introducing significant changes related to specific illegal migrants.
Important Points:
- Section 6A of the Citizenship Act, 1955: An Overview
- Legislative Background:
- Enacted in 1985 as part of the Citizenship (Amendment) Act.
- Originated from the Assam Accord to address illegal migration from Bangladesh.
- Historical Context:
- Reflects challenges faced by Assam during and after the Bangladesh Liberation War.
- Introduced to target pre-1971 migration issues.
- Provisions and Implications:
- Citizenship status for pre-1966 migrants.
- Registration requirement for 1966-1971 migrants.
- Detection and deportation for post-1971 entrants.
- Legislative Background:
- Challenges to Section 6A of the Citizenship Act, 1955
- Constitutional Validity Concerns:
- Article 6 violation regarding citizenship of individuals migrating from Pakistan.
- Article 14 implications, potential discrimination in criteria for Assam.
- Demographic Impact Criticisms:
- Criticism for contributing to an influx of illegal migrants into Assam.
- Concerns about demographic consequences and legitimacy of migrants’ status.
- Cultural Identity Concerns:
- Provisions accused of causing a significant cultural impact, threatening Assam’s traditional identity.
- Constitutional Validity Concerns:
- Understanding Citizenship in India
- Definition of Citizenship:
- Citizenship signifies legal status and relationship between an individual and a state.
- Constitutional Framework:
- Articles 5 to 11 cover various aspects of citizenship.
- Union List jurisdiction places citizenship under the exclusive control of Parliament.
- Legal Regulation: Citizenship Act, 1955
- Parliament regulates citizenship matters through the Citizenship Act.
- Six amendments to the Act, with the latest in 2019 introducing significant changes related to specific illegal migrants.
- Definition of Citizenship:
Why In News
A Constitution Bench, under the leadership of the Chief Justice of India, is currently adjudicating multiple petitions that challenge the constitutionality of Section 6A of the Citizenship Act, 1955, marking a pivotal moment in the legal discourse surrounding citizenship rights in the country.
MCQs about Evaluating Section 6A of the Citizenship Act, 1955
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What demographic impact is criticized in relation to Section 6A of the Citizenship Act, 1955?
A. Population decrease in Assam
B. Encouraging legal migration
C. Influx of illegal migrants from Bangladesh
D. Cultural enrichment in Assam
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Which constitutional articles are outlined in the essay regarding citizenship in India?
A. Articles 1 to 5
B. Articles 5 to 11
C. Articles 10 to 15
D. Articles 15 to 20
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What significant change was introduced in the 2019 amendment to the Citizenship Act, 1955?
A. Expansion of voting rights
B. Granting citizenship to specific illegal migrants
C. Removal of citizenship provisions for Assam
D. Inclusion of a new citizenship category
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