In a pivotal development, the Supreme Court directed pointed questions at the Central Government on Thursday, seeking clarification on why Assam was specifically singled out while West Bengal, with a considerably larger border with Bangladesh, was excluded from citizenship grants under Section 6A of the Citizenship Act.

The Supreme Court, led by Chief Justice DY Chandrachud and comprising a five-judge Constitution bench, underscored the seriousness of the issue of illegal immigration and sought explanations from Solicitor General Tushar Mehta, representing the Centre, on the government’s measures to safeguard the border.

The Chief Justice queried, “Why did you single out Assam when West Bengal shares a much larger border with Bangladesh? We want to know why West Bengal was excluded from the grant of citizenship. The argument cannot be that there was agitation in Assam. Why was West Bengal left alone? What is the position in West Bengal now?”

As the hearing commenced, the Centre clarified that the examination of the constitutional validity of Section 6A of the Citizenship Act was unrelated to any other amendments in the Citizenship Act. Mehta emphasized that the application of Section 6A was limited to a specific period.

“I would like to begin with some factual clarifications. Your lordships are examining a limited question of constitutional validity of Section 6A. This is confined to a very few individuals during a particular period of time. This examination has nothing to do with any other amendment to the Citizenship Act,” Mehta stated before the bench.

Mehta informed the top court that the contentions raised by the petitioners, such as the influx of immigrants from foreign countries and the scarcity of resources, were valid. He emphasized that the category of persons permitted citizenship under Section 6A was limited to Bangladesh and applied only in Assam as per a report in The New Indian Express.

During the hearing, Chief Justice Chandrachud highlighted the beneficiaries of citizenship under Section 6A and raised concerns about those who, despite being illegal immigrants, were not granted citizenship. He inquired about the fate of individuals who arrived between 1966-1971 but were never detected for citizenship.

The ongoing hearing focuses on Section 6A, which was incorporated into the Citizenship Act as a special provision to address the citizenship of individuals covered under the Assam Accord. The provision sets March 25, 1971, as the cut-off date for granting citizenship to Bangladeshi migrants in Assam.

The Supreme Court’s scrutiny of the exclusion of West Bengal from citizenship grants under Section 6A reflects a critical examination of the constitutional aspects of the Citizenship Act. The case is poised to have far-reaching implications, and the nation awaits further developments as the hearing unfolds.

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