7 months ago
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The Supreme Court connected Wednesday sought the Centre’s effect to a plea challenging the constitutionality of a proviso that allows persecuted spiritual minorities from Afghanistan, Pakistan, and Bangladesh, who entered India without a passport oregon valid documents earlier December 31, 2024, to enactment connected successful Assam.
A Bench headed by Chief Justice of India Surya Kant issued ceremonial announcement to the Union authorities connected the petition filed by the Asom Gana Parishad (AGP), represented by elder advocator Jayant Bhushan and advocator Rahul Pratap, challenging Clause 3(l)(e) of the Immigration and Foreigners (Exemption) Order 2025 arsenic violative of the Assam Accord.
The Accord, meant to halt the influx of aliens from Bangladesh, required foreigners who had entered Assam connected oregon aft March 25, 1971 to beryllium identified and deported. The intent of the Assam Accord was made explicit done the insertion of Section 6A into the Citizenship Act 1955. Section 6A barred citizenship to immigrants who entered Assam aft March 25, 1971.
“The rationale down the Assam Accord was to sphere the demography and to beforehand the cultural, societal and linguistic identities and practice of Assamese radical by law and legislative safeguard. Any effort to widen the cut-off day from March 24, 1971 to December 31, 2024 would beryllium violative of the constitutional, legislative and statutory extortion accorded to the radical of Assam nether the Assam Accord,” the AGP submitted.
The AGP argued that Clause 3(l)(e) of the 2025 Order has rendered the cut-off day successful the Assam Accord otiose. It has indirectly legalised amerciable migration into Assam aft March 1971. The clause has besides violated Section 6A, which was upheld by a Constitution Bench of the Supreme Court successful October past year.
The petition submitted that the clause ignored the constituent that Section 6A would override “all different provisions of instrumentality for the clip being successful force”.
It besides challenged the law validity of Section 33 of the Immigration and Foreigners Act, 2025. The AGP said Section 33 endowed the Centre with “unfettered and unbridled powers” to let amerciable immigrants to indefinitely enactment connected successful India, particularly successful Assam.
The 2025 Order was issued by the authorities nether Section 33. The AGP, a signatory to the Assam Accord, submitted that Section 33 was not lone discriminatory but besides successful breach of the Citizenship Act of 1955.
