SECTION 6A OF CITIZENSHIP ACT
1. Context
2. What is Section 6A of the Citizenship Act?
Section 6A is a special provision inserted into the Indian Citizenship Act, 1955, in 1985, as part of the Assam Accord. It deals with the citizenship of people who migrated to Assam from Bangladesh:
- It applies to people who entered Assam on or after January 1, 1966, but before March 25, 1971.
- It grants citizenship to these people if they can prove that they were "ordinarily resident" in Assam on March 24, 1971.
- People who claim citizenship under Section 6A must apply to a Foreigners Tribunal. The Tribunal will then decide whether or not to grant them citizenship based on the evidence they provide.
3. Questions surrounding Section 6A
- The constitutionality of Section 6A has been challenged in court, with some arguing that it is discriminatory against people who migrated to Assam after 1971.
- There have been concerns about how Section 6A has been implemented, with some people alleging that it has led to the disenfranchisement of legitimate citizens.
- Some Assamese people argue that Section 6A has led to a large influx of migrants, which has threatened their culture and identity.
4. Citizens and Aliens
Citizens
- A citizen is a person who has full legal membership in a country.
- Citizens have certain rights and privileges that are not available to non-citizens, such as the right to vote, hold public office, and own property.
- Citizens also have certain responsibilities, such as obeying the law and paying taxes.
Aliens
- An alien is a person who is not a citizen of the country in which they are living.
- Aliens may have some of the same rights as citizens, such as the right to freedom of speech and religion. However, they do not have all of the same rights as citizens, and they may be subject to certain restrictions, such as not being able to vote or hold public office.
- Aliens are also subject to the laws of the country in which they are living, and they may be deported if they break the law.
5. Ways of Acquiring Citizenship
The Citizenship Act of 1955 prescribes five ways of acquiring Indian citizenship:
- By birth: A person born in India after January 26, 1950, is a citizen of India by birth.
- By descent: A person born in India on or after January 26, 1950, but before December 10, 1992, whose father was an Indian citizen at the time of his birth, is a citizen of India by descent.
- By registration: A person who is a citizen of another country may apply for Indian citizenship by registration if they have been residing in India for a continuous period of 12 months immediately before the date of application.
- By naturalization: A person who is not a citizen of India may apply for Indian citizenship by naturalization if they have been residing in India for a continuous period of 11 years immediately before the date of application.
- By incorporation of territory: When territory is incorporated into India, the people who were residing in that territory at the time of incorporation are granted Indian citizenship.
6. Ways of Losing Citizenship
The Citizenship Act, 1955, prescribes three ways of losing Indian citizenship:
1. Renunciation involves a voluntary surrender of Indian citizenship by a citizen through a formal declaration. This declaration can only be made if the individual has acquired the citizenship of another country. This is a straightforward process and does not require any prior approval from the Indian government. Once renounced, Indian citizenship cannot be regained automatically. However, a former citizen can reapply for Indian citizenship through naturalization, subject to meeting the eligibility criteria.
2. Termination occurs automatically when an Indian citizen acquires the citizenship of another country without fulfilling the conditions for retaining Indian citizenship. Specifically, an Indian citizen who lives outside India for a continuous period of 7 years without registering with an Indian diplomatic or consular officer loses their citizenship. This period can be extended under certain exceptional circumstances, such as serving in the employment of the Indian government or a public sector undertaking.
3. Deprivation involves the withdrawal of Indian citizenship by the Indian government on specific grounds outlined in the Citizenship Act. These grounds include:
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- Obtaining Indian citizenship by fraud, false representation, or concealment of a material fact.
- Disloyalty or disaffection towards the Constitution of India.
- Trading with the enemy during a war.
- Engaging in activities prejudicial to the sovereignty and integrity of India.
- Being convicted of an offence for which they are sentenced to imprisonment for 2 years or more.
The process of deprivation involves a formal inquiry and hearing by a designated authority. The individual has the right to be represented by a lawyer and to present their defence. If found guilty, their citizenship is revoked by the Central government.
7. Assam Accord
- The plea before the Constitutional bench in the Supreme Court challenges one of the core elements of the Accord which determines who is a foreigner in the state and the basis of the final National Register of Citizens in Assam, published in 2019.
- Clause 5 of the Assam Accord states that January 1, 1966, shall serve as the base cutoff date for the detection and deletion of “foreigners” but it also contains provisions for the regularisation of those who arrived in the state after that date and up till.
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Section 6 A of the Citizenship Act was inserted as an amendment to accommodate this.
What Section 6 A essentially does is establish March 24, 1971, as the cut-off date for entry into the state, meaning that those entering the state after that would be considered “illegal immigrants”.
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- It states that while those who came to Assam on or after January 1, 1966, but before March 25, 1971, from Bangladesh shall be detected as “foreigners”, they would have to register themselves according to rules made by the Central Government.
- Till a period of 10 years from the date they were detected as foreigners, they would have the same rights and obligations as Indian citizens except for being included in electoral rolls for any assembly or parliamentary constituency.
- At the end of the ten years, they were to be deemed citizens.
- The final National Register of Citizens in Assam which was published in 2019 was conducted with this cut-off date of 24 March 1971.
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For Prelims: Citizenship Act 1955, Aliens, Assam Accord
For Mains:
1. Discuss the challenges and concerns surrounding the implementation of Section 6A. How can these be addressed to ensure a fair and impartial process? (250 words)
2. Examine the administrative challenges associated with the implementation of Section 6A. How can these be overcome to ensure efficient and effective decision-making? (250 words)
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Previous Year Questions Consider the following statements: (2018)
Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
2. What is the position of the Right to Property in India? (UPSC 2021) (a) Legal right available to citizens only (b) Legal right available to any person (c) Fundamental Rights available to citizens only (d) Neither Fundamental Right nor legal right
3. With reference to the Delimitation Commission, consider the following statements: (UPSC 2012)
1. The orders of the Delimitation Commission cannot be challenged in a Court of Law.
2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders.
Which of the statements given above is/are correct?
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
4. Barak Valley in Assam is famous for which among the following? (MSTET 2019)
A. Bamboo Industry
B. Petroleum Production
C. Cottage Industries
D. Tea Cultivation
5. Which one of the following is an important crop of the Barak Valley? (Karnataka Civil Police Constable 2019)
A. Sugarcane B. Jute C. Tea D. Cotton
6. Under Assam Accord of 1985, foreigners who had entered Assam before March 25, _____ were to be given citizenship. (DSSSB JE & Section Officer 2022)
A. 1954 B. 1971 C. 1981 D. 1966
Answers: 1-D, 2-B, 3-C, 4-D, 5-B, 6-B
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