GUWAHATI, Oct 17: The Supreme Court today, in a historic judgement, fixed 1971 as the cut-off year for detection and deportation of foreigners (Bangladeshi nationals) as it upheld the constitutional validity of Section 6A of the Citizenship Act 1955, recognizing the Assam Accord, by a 4:1 majority.
The five-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra delivered the judgment.
While CJI DY Chandrachud, Justices Surya Kant, MM Sundresh and Manoj Misra delivered the judgment in favour of 1971 being the cut-off year for detection of foreigners with respect to the State of Assam, Justice Pardiwala gave a dissenting judgment to hold Section 6A as unconstitutional.
The majority also held that the cut-off date of March 25,1971 was rational, as it was the date when the Bangladesh liberation war ended, Live Law reported, adding that the objective of the provision must be seen in the backdrop of the Bangladesh war. The majority was of the view that Section 6A was “neither over-inclusive nor under-inclusive.”
