On 17 October, a five-judge Constitution Bench of the Supreme Court, in a 4:1 majority upheld the constitutional validity of Section 6A of the Citizenship Act, 1955. The provision grants citizenship to two categories of migrants who entered Assam from Bangladesh: 1) Those who came before 1 January 1966 and 2) Those who came after 1 January 1966 and before 25 March 1971. People in the second category did not have voting privileges for 10 years and had to register for citizenship after being identified as a “foreigner”. Petitioners had argued that Section 6A violated Articles 6 and 7 of the Constitution which grant citizenship to immigrants from Pakistan during the partition if they entered India before 19 July 1948. Since Bangladesh was part of Pakistan till March 1971, Section 6A indirectly amended the Constitution, by granting citizenship to those who entered after 1948. They also argued that Section 6A was arbitrary for singling out Assam from other states bordering Bangladesh-West Bengal, Meghalaya, Tripura, and Mizoram. Therefore, they argued it violated Article 14 of the Constitution. Moreover, they claimed that mass immigration caused due to Section 6A hampered the cultural, voting and self-governing rights and hindered access to resources. Petitioners had also claimed that Section 6A’s weak implementation had made Assam a beacon of illegal immigration with migrants coming and settling in the state to date. A Constitution Bench led by CJI D.Y. Chandrachud heard arguments in the case for four days and reserved judgement on 12 December 2023. 10 months later, the bench delivered its judgement in the case. The 407-page verdict has three opinions. A majority opinion by Justice Surya Kant also speaking for Justices M.M. Sundresh and Manoj Misra, a concurring opinion by CJI Chandrachud and a dissent by Justice J.B. Pardiwala.
*Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan* 1. Persons who or whose parents or grandparents were born in the territory of India and who, on the 19th day of July, 1948, were ordinarily resident in the territory of India shall be deemed to be citizens of India. 2. If a person referred to in clause (1) had, before the commencement of the Constitution, migrated to Pakistan but subsequently returned to India under a permit for resettlement or permanent return issued by or under the authority of any law made by Parliament, he shall be deemed to be a citizen of India from the date of his entry into India. 3. Nothing in this article shall apply to a person who, after having migrated to Pakistan, has obtained citizenship of Pakistan or any other foreign country. *Key Points:* 1. Grants citizenship to those who migrated from Pakistan during partition. 2. Applies to persons born in India or whose parents/grandparents were born in India. 3. Requires ordinary residence in India on July 19, 1948. 4. Allows persons who migrated to Pakistan but returned to India under a permit to be deemed citizens. 5. Excludes those who obtained citizenship of Pakistan or another foreign country. *Objective:* Article 6 aims to provide citizenship rights to persons who were displaced during the partition of India and Pakistan, ensuring their integration into Indian society.
ఫస్ట్ టైం చూసా మీ క్లాస్ ఇకపై ప్రతి రోజూ చూస్తా సూపర్ క్లాస్.
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Superb ga cheptunaru sir..but explain chese time lo total Mater Pina red mark చేస్తూ ఉండటం చూడడానికి ఇబ్బందిగా ఉంది..అదర్ వైస్ సూపర్ explantioan
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Namaste sir, 1955 chattam article 6, 6A e topic sariga artam kaledu sir, edi (questions & anwers) bits la ceppandi sir.
On 17 October, a five-judge Constitution Bench of the Supreme Court, in a 4:1 majority upheld the constitutional validity of Section 6A of the Citizenship Act, 1955. The provision grants citizenship to two categories of migrants who entered Assam from Bangladesh:
1) Those who came before 1 January 1966 and
2) Those who came after 1 January 1966 and before 25 March 1971.
People in the second category did not have voting privileges for 10 years and had to register for citizenship after being identified as a “foreigner”.
Petitioners had argued that Section 6A violated Articles 6 and 7 of the Constitution which grant citizenship to immigrants from Pakistan during the partition if they entered India before 19 July 1948. Since Bangladesh was part of Pakistan till March 1971, Section 6A indirectly amended the Constitution, by granting citizenship to those who entered after 1948.
They also argued that Section 6A was arbitrary for singling out Assam from other states bordering Bangladesh-West Bengal, Meghalaya, Tripura, and Mizoram. Therefore, they argued it violated Article 14 of the Constitution. Moreover, they claimed that mass immigration caused due to Section 6A hampered the cultural, voting and self-governing rights and hindered access to resources.
Petitioners had also claimed that Section 6A’s weak implementation had made Assam a beacon of illegal immigration with migrants coming and settling in the state to date.
A Constitution Bench led by CJI D.Y. Chandrachud heard arguments in the case for four days and reserved judgement on 12 December 2023.
10 months later, the bench delivered its judgement in the case. The 407-page verdict has three opinions. A majority opinion by Justice Surya Kant also speaking for Justices M.M. Sundresh and Manoj Misra, a concurring opinion by CJI Chandrachud and a dissent by Justice J.B. Pardiwala.
*Article 6: Rights of citizenship of certain persons who have migrated to India from Pakistan*
1. Persons who or whose parents or grandparents were born in the territory of India and who, on the 19th day of July, 1948, were ordinarily resident in the territory of India shall be deemed to be citizens of India.
2. If a person referred to in clause (1) had, before the commencement of the Constitution, migrated to Pakistan but subsequently returned to India under a permit for resettlement or permanent return issued by or under the authority of any law made by Parliament, he shall be deemed to be a citizen of India from the date of his entry into India.
3. Nothing in this article shall apply to a person who, after having migrated to Pakistan, has obtained citizenship of Pakistan or any other foreign country.
*Key Points:*
1. Grants citizenship to those who migrated from Pakistan during partition.
2. Applies to persons born in India or whose parents/grandparents were born in India.
3. Requires ordinary residence in India on July 19, 1948.
4. Allows persons who migrated to Pakistan but returned to India under a permit to be deemed citizens.
5. Excludes those who obtained citizenship of Pakistan or another foreign country.
*Objective:*
Article 6 aims to provide citizenship rights to persons who were displaced during the partition of India and Pakistan, ensuring their integration into Indian society.
Tq sir.🙏
Nice
Nice explanation sir, Any test series for S&T can be provided by you ??
Yes, soon