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The Supreme Court on Thursday asked the Centre and Assam government to provide details on the “estimated inflow of illegal migrants” to Assam and other Northeastern states after March 25, 1971, and the status of border fencing.
While hearing petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, a five-judge Constitution bench, presided by Chief Justice of India D Y Chandrachud, directed the Union Ministry of Home Affairs (MHA) to file the affidavit on or before December 12.
The bench said, “While the arguments raising the constitutional challenge form the core of the controversy, submissions have been urged before this court in regard to the impact of illegal immigration into Assam both on the demographics and cultural fabric of state”.
“The provisions of Section 6A of the Citizenship Act, 1955, can broadly be bifurcated in three time periods: the period prior to January 1, 1966; the period between January 1, 1966, and March 25, 1971; and the period from March 26, 1971,” the bench said.
The bench, also comprising Justices Surya Kant, M M Sundresh, J B Pardiwala and Manoj Misra, added the provisions of Section 6A make it abundantly clear that the conferment of deemed citizenship does not extend to those who entered India after March 26, 1971.
The bench said, “At this stage, we are of the considered view that it will be necessary for the court to have certain data-based disclosures by the Union Government in the Ministry of Home Affairs”.
The bench also asked the Central and state governments to furnish data on the “number of persons to whom citizenship has been granted under the provisions of section 6A(2) namely with reference to the time period of persons who came into Assam between January 1, 1966, and March 25, 1971”.
The affidavit should also provide details on “how many persons have been detected to be foreigners by an order of the Foreigners Tribunal under the Foreigners Tribunal Order 1964 with reference to the above period January 1, 1966 and March 25, 1971”, said the bench.
The court directed the governments to provide details on “the estimated inflow of illegal migrants into India, including but not confined to the state of Assam after March 25, 1971”.
In respect to those who are alleged to have entered India, including Assam after March 25, 1971, the court directed that details be provided on “(a) the total no of foreigners tribunals which have been set up by the union government, (b) the total number of cases which have been disposed of, (d) the total number of cases which are pending as of date, (e) the average time taken for disposal of cases, (f) the no of cases pending before Gauhati High Court”.
The bench also asked the government to appraise it about “the steps which have been taken by the Union govt at an administrative level to deal with illegal immigration into the territory of India from the northeastern states, particularly the state of Assam”.
“Details shall be furnished in regard to the extent of border fencing which has been carried out and the steps which the union govt intends to take with estimated timelines to complete the exercise of border fencing,” said the bench.
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