Supreme Court's Judgment On Immigration Issue In Assam: Key Implications
Times Now October 18, 2024 10:39 AM

New Delhi: The Supreme Court has delivered a significant judgment on the issue of immigration in Assam, with widespread legal and political ramifications. Petitioners had argued that the core constitutional principles of fraternity, unity, and integrity, as enshrined in the Preamble, were compromised by Section 6A of the Citizenship Act, which pertains to the treatment of immigrants in Assam.Violation of Constitutional RightsThe petitioners challenged Section 6A, asserting it infringes upon key fundamental rights, including:- Article 14 (Right to Equality),- Article 21 (Right to Life and Personal Liberty), and- Article 29 (Cultural and Educational Rights).They argued that the provision disproportionately affects the people of Assam, leading to demographic changes and impacting their cultural and political rights.Impact on Political RightsAnother key contention was that Section 6A undermines the political rights guaranteed under Articles 325 and 326, which pertain to the integrity of electoral processes. Petitioners argued that the influx of immigrants has altered voter demographics and electoral constituencies in Assam.Call for a Nationwide ApproachThe petitioners urged the court to consider a proportional settlement of immigrants across all States and Union Territories, rather than concentrating them in Assam, which bears the brunt of the migration impact.Security and Land ConcernsThe petitioners also pressed for:- Enhanced border fencing and more robust efforts to identify and deport foreigners.- The removal of encroachments on protected tribal lands, which have become a major point of contention in the state.Implications for AssamThe judgment recognizes the Assam Accord as a legally valid and enforceable policy, cementing its place in shaping future policies related to migration and citizenship. This ruling may bring some relief to those concerned about large-scale immigration, but it is likely to reignite debates over the ethnic identity of indigenous groups and the controversialNational Register of Citizens (NRC) process.Pressure for Administrative ReformsThe Union government may now face increased pressure to take stronger measures, such as strengthening border fencing, improving the functioning of foreign tribunals, and addressing land encroachment issues raised by tribal communities.This ruling is expected to significantly influence Assam’s approach to illegal migration and citizenship, with broader legal and political consequences for the state and the country.

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