Let's understand one of the most important amendments in our constitution with the help of its historical context to understand its present scenario. In case of [Assam Sanmilita Mahasangha & Ors v. Union of India].

Background of Case:
The whole thing started in 1826, when Assam was part of Bengal province in British India. After that in 1935 it was separated from Bengal and became an independent province.

As in the 1931 census superintendent in Assam a large number of land-hungry immigrants from "East Bengal" presently in "Bangladesh" moved towards Assam to affect its culture and civilization. These immigrants acquired a large area of land and began to disturb the peace of here local natives to deal with this problem Government under the Foreigners Act 1946 used immigrants to prove their identification that they were foreigners or citizens of India under this act. Those immigrants who moved illegally here in India (Determination by tribunal) act 1983 (1983 act) act was enacted for the determination and deportation of illegal immigrants. But on the ground, it acts very differently or we can say reverse it because it has put the burden on the state people to give proof for themselves whether they are residents of the state or not.

Assam accord

It's a memorandum of settlement signed between the Government of India and the leaders of Assam Movements in the year 1985. One of the main reasons this memorandum was signed by the government of India, was because of pressure created by the movement that led by students that took place between the (1979 and 1985). This movement was primarily led by the students to Assam (AASU) All Assam students Union and some other regional organization some of them are, "All Assam Gana Sangram Parishad" (AAGSP), Asom Sahitya Sabha , Peasant Organizations, and many various parties , to address a significant demographic changes caused by illegal immigrants. They all together demanded for deportation and identification of illegal immigrants particularly those entered in Assam after March 25 1971 from Bangladesh, which was at the time east Pakistan.

Concerns behind the Movement:

• Demographics Changes: Assam is one of the important and integral parts of India, being located in the eastern part of India. It has experienced large-scale illegal immigration from Bangladesh, particularly after the 1971 Bangladesh Liberation War. These illegal immigrants caused fear among local Assamese that this immigration would alter the demographic balance of the region, reducing them to a minority in their own state.
• Economic and Social Strain: The influx of these immigrants has placed pressure on Assam's limited resources. The resources are limited, but the incoming immigrants have caused competition for jobs, land, and basic services. The local population believes that immigrants are affecting employment opportunities and contributing to economic backwardness in the state.
• Cultural Identity: Assam has a unique cultural and linguistic identity, which makes it a beautiful state. However, the continuous flow of immigrants has caused fear among the Assamese people that they will become a minority and may eventually lose their language and culture.
• Electoral Politics: This issue became significant during the 1979 Lok Sabha elections when it was discovered that a large number of alleged illegal immigrants participated in the elections. This revelation acted as a trigger for the movement.

Major Provisions of the Assam Accord

• Cut-off Date for Citizenship: The cut-off date fixed between the Government of India and Assam leaders was March 25, 1971, which is the official date for the detection of illegal immigrants. Those who entered Assam after this date will be identified and deported according to the Foreigners Act, 1946.
• Protection of Assamese Culture: One of the important central features of the Accord was to protect the cultural, linguistic, and social identity of the Assamese people.
• Regularization of Immigrants: Immigrants who entered before January 1, 1966, are granted full citizenship of India. In contrast, those who entered between January 1, 1966, and March 25, 1971, will have their names struck off electoral rolls and disenfranchised for ten years, after which they can regain their citizenship rights.
• Economic Development: The Government of India has promised to take significant steps to boost the economy of Assam, which is suffering due to the strains caused by illegal immigration.

Current Supreme Court Case and Challenges:
The section 6A was challenged in Supreme Court in the year 2009. It was filled by the "Assam Sanmilita Mahasangha" this is the local group of Assamese people. This organization has challenged the constitutionality of Section 6A. The organization present in the front of court that that the invasion of illegal immigrants who entered Assam between 1966 and 1971, as citizens under the March 25, 1971 cut-off, it was a violation of their rights to protect their culture, land, and resources. They said that this cut-off date allowed a large number of illegal immigrants to live in Assam, altering the state's demographic balance and undermining the Assamese identity.

The case raised very important questions in front of the court about the protection of Assam's demographic structure, with petitioners claiming that the March 25, 1971 cut-off date was too soft and allowed a large number of illegal immigrants to be normal Indian citizens, thus its affecting the state's demographic balance.

In 2014, the Supreme Court referred the matter to a five-judge constitution bench to examine whether Section 6A was constitutional valid or not. The case remains extended for years, with both sides presenting arguments about the demographic and cultural impact of the law.

The Supreme Court's 2024 Judgment
On the date October 17, 2024, the Supreme Court of India decided the case of "Assam Sanmilita Mahasangha" Section 6A in a landmark verdict.The five-judges constitutional bench, Spearheaded by Chief Justice D.Y. Chandrachud, delivered a 4-1 majority judgment, deciding that Parliament had the authority/power to enact Section 6A as a solution to the unique challenges faced by Assamese people.

In the majority decision, the court understood, that Assam being close to Bangladesh, faced a significantly larger invasion of migrants than compare to other Indian states. Chief Justice Chandrachud focused on the piont that the detection of foreigners and determining citizenship is a complex process, especially in a state with such a history of migration. He stated that Section 6A addressed the realities on the ground by balancing the need to protect Assam's indigenous population with humanitarian concerns for those fleeing the 1971 Bangladesh Liberation War.

However, Justice J.B. Pardiwala Contradicted finding Section 6A is unconstitutional. He said that. This has Compromised the rights of the local people of Assam and Lessened the protection they were entitled to under the Constitution. However the majority verdict Overcame, and Section 6A remains the legal framework for citizenship determination in Assam

Impact of the Judgment
The Supreme Court's judgement has far-reaching consequences for the future of citizenship determination in Assam. The decision reaffirms the March 25, 1971, cut-off date for citizenship under the Assam Accord and provides legal clarity for ongoing processes such as the National Register of Citizens (NRC). The NRC process, which seeks to identify illegal immigrants, relies heavily on Section 6A for its framework. The court's decision ensures that the citizenship of millions of people in Assam will be determined based on the principles laid out in this provision.

However, the ruling also leaves unfinished concerns among certain people of who believe that Section 6A fails Effectively protect Assam's cultural and demographic integrity. These people may continue to press for political or legislative changes to address their grievances.

Conclusion:
The Supreme Court's 2024 judgment on Section 6A Highlights the Sensitive balance between protecting Assam's native population and addressing the humanitarian needs of those fleeing conflict. While the decision upholds Section 6A as a constitutional framework, reaffirming the March 25, 1971, cut-off date for citizenship,so it does not fully resolve the concerns of many Assamese people. The judgment provides legal clarity for citizenship determination, especially in processes like the National Register of Citizens (NRC), but also highlights the ongoing debate about the impact of migration on Assam's cultural and demographic identity.

For those who see Section 6A as undermining the state's integrity, the ruling may be viewed as insufficient, prompting calls for further political or legislative action. On the other hand, the judgment seeks to balance historical realities with contemporary humanitarian concerns, recognizing the complex challenges Assam faces as a border state. Ultimately, the judgement shapes the future of people in Assam, but the social and political discussions surrounding identity, migration, and rights are far from over, ensuring that the issue remains a key focus in the region's future.

Also Read:

• Citizenship And Issue Of Citizenship In Assam (Assam Accord)