Section 6A of the Citizenship Act, 1955

Section 6A of the Citizenship Act, 1955 creates a special citizenship regime for migrants from the territory now comprising Bangladesh who entered Assam during specified periods. Inserted following the Assam Accord, 1985, it uses 1 January 1966 and 25 March 1971 to determine citizenship and voting status.

Origin and scope

The provision applies specifically to Assam and covers persons of Indian origin who came there from the territory included in Bangladesh and remained ordinarily resident in Assam. A person is of Indian origin if the person, a parent or a grandparent was born in undivided India.

Citizenship according to date of entry

• Persons who entered Assam before 1 January 1966 and remained ordinarily resident there are deemed Indian citizens from that date.
• Persons who entered on or after 1 January 1966 but before 25 March 1971 must be detected as foreigners and register with the prescribed authority.
• A registered person in the 1966-1971 category has the rights and obligations of a citizen but cannot be included in an electoral roll for 10 years from detection. After that period, the person is deemed a citizen for all purposes.
• Section 6A provides no corresponding citizenship benefit to persons entering Assam on or after 25 March 1971; their position is governed by the generally applicable citizenship and foreigners laws.

Legal significance

Section 6A translates the Assam Accord's political settlement into law by distinguishing earlier migrants, temporarily disenfranchised migrants and post-cut-off entrants. In 2024, a Constitution Bench of the Supreme Court, by a 4:1 majority, upheld its constitutional validity.