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LATEST NEWS UPDATES | What a petition on citizenship law could mean to Assam NRC update -Faizan Mustafa

What a petition on citizenship law could mean to Assam NRC update -Faizan Mustafa

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published Published on Aug 28, 2018   modified Modified on Aug 28, 2018
-The Indian Express

Under Article 6 of the Constitution, anyone who migrated to India before July 19, 1948, from territory that had become part of Pakistan, automatically became a citizen if either of their parents or grandparents was born in India. But those who entered India after this date needed to register themselves.

A petition pending before the Supreme Court, and expected to come up before a five-judge Bench, could potentially affect the way the National Register of Citizens (NRC) is being updated in Assam. What is this petition, and how does it relate to the NRC?

The petition

It was filed in 2012 by a group of organisations in Assam. They have challenged Section 6A, inserted in the Citizenship Act in 1986 and applicable only to Assam. This is relevant to the NRC update because it is being carried out in accordance with Section 6A. While this section grants citizenship to those who entered Assam before March 25, 1971, the reference date for the rest of India is July 19, 1948. In 2014, a two-judge Bench headed by Justice Ranjan Gogoi referred the petition to a five-judge Bench. The Bench headed by Justice Madan B Lokur held a hearing on April 19, 2017, but it got dissolved on the retirement of Justice P C Pant in August 2017. In February this year, Chief Justice of India Dipak Misra assured that he would soon constitute a new Bench.

Citizenship in Assam

Applicable only to Assam, Section 6A defines as citizens every person of Indian origin who came to Assam before January 1, 1966 and are ordinary residents of Assam. Those who came after January 1, 1966 but before March 25, 1971, and have been ordinary residents of Assam and got themselves registered, will not have the right to vote for 10 years from the date of their detection as foreigners, but will have all other rights available to citizens. All others who entered Assam after March 25, 1971 would be considered illegal immigrants and deported after due process under the Illegal Migrant Determination Tribunal (IMDT) Act. This Act was later scrapped by the Supreme Court.

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The Indian Express, 27 August, 2018, https://indianexpress.com/article/explained/what-a-petition-on-citizenship-law-could-mean-to-assam-nrc-update-5325924/


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