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Daily News Analysis

SECTION 6A OF CITIZENSHIP ACT

21st September, 2023 Polity

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Picture Courtesy: www.sentinelassam.com

Context: The Supreme Court of India has decided to hear a series of petitions challenging the constitutionality of Section 6A of the Citizenship Act, 1955, starting from October 17.

Key Highlights

  • Section 6A is a special provision that was added to the Citizenship Act in line with the 'Assam Accord,' a Memorandum of Settlement signed in 1985, between the Union government and leaders of the Assam Movement. This provision was introduced to protect and preserve the Assamese culture, heritage, linguistic identity, and social identity.
    • Under Section 6A of the Citizenship Act, foreigners who had entered Assam before January 1, 1966, and had been "ordinarily resident" in the state were granted all the rights and obligations of Indian citizens. Those who had entered Assam between January 1, 1966, and March 25, 1971, were also granted the same rights and obligations, except that they were not allowed to vote for a period of 10 years.
  • The Union government has argued that Section 6A is valid and has urged the court to dismiss the petitions challenging its constitutionality.
  • This issue is significant as it relates to the rights and status of individuals who entered Assam during specific periods and their eligibility for Indian citizenship.

The Supreme Court's decision on the matter will have implications for the legal and citizenship status of these individuals and the broader question of preserving cultural and linguistic identities in the region.

Must Read Articles:

INDIAN CITIZENSHIP: https://www.iasgyan.in/daily-current-affairs/indian-citizenship

CITIZENSHIP AMENDMENT ACT, 2019: https://www.iasgyan.in/daily-current-affairs/citizenship-amendment-act-2019-24#:~:text=The%20Citizenship%20Act%2C%20of%201955%20provides%20various%20ways%20in%20which,(OCIs)%20and%20their%20rights.

PRACTICE QUESTION

Q. Consider the following statements:

Statement 1: Section 6A of the Citizenship Act, 1955, was added to protect and preserve Assamese culture and identity.

Statement 2: Under Section 6A, foreigners who entered Assam before January 1, 1966, do not have the right to vote.

Which one of the following is correct in respect of the above statements?

A) Both Statement-1 and Statement-2 are correct, and Statement-2 is the correct explanation for Statement-1.

B) Both Statement-1 and Statement-2 are correct, and Statement-2 is not the correct explanation for Statement-1.

C) Statement-1 is correct, but Statement-2 is incorrect.

D) Statement-1 is incorrect, but Statement-2 is correct.

Answer: A

Explanation:

Both statements are correct. Statement 1 correctly describes the purpose of Section 6A, and Statement 2 accurately explains one of the provisions of Section 6A, which restricts the voting rights of foreigners who entered Assam before January 1, 1966.

https://epaper.thehindu.com/ccidist-ws/th/th_delhi/issues/52554/OPS/G3FBPBCPV.1+G5QBPC0DO.1.html