Скачать с ютуб SC upholds constitutional validity of Section 6A of Citizenship Act, 1955 | Explained в хорошем качестве

SC upholds constitutional validity of Section 6A of Citizenship Act, 1955 | Explained

¬In a 4:1 majority ruling, a five-judge Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud today upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, that grants citizenship to immigrants who entered Assam between January 1, 1966, and March 25, 1971. While Justice Surya Kant authored the lead majority verdict on behalf of himself, Justice MM Sundresh and Justice Manoj Misra, the Chief Justice penned a concurring opinion. However, Justice J.B. Pardiwala rendered a dissenting opinion declaring the statutory provision to be unconstitutional but with a prospective effect. Section 6A is a special provision which was inserted into the Citizenship Act in furtherance of a Memorandum of Settlement called the “Assam Accord” signed on August 15, 1985, by the then Rajiv Gandhi government at the Centre and the All Assam Students’ Union following a six-year-long agitation against the entry of migrants from Bangladesh into Assam. Upholding the validity of Section 6A, Chief Justice D.Y. Chandrachud said that the statutory provision "balances the humanitarian needs of migrants of Indian Origin and the impact of such migration on economic and cultural needs of Indian States." He also underscored that the mere presence of different ethnic groups in a State is not sufficient to infringe upon Article 29(1) of the Constitution which guarantees the protection of of interests of minorities. Instead, it has to be shown that a certain ethnic group is unable to take steps to protect their culture or language due to the presence of different groups, which according to the Chief Justice, the petitioners failed to prove. On the other hand, Justice Pardiwala in his dissent pointed out that even if Section 6A may have been constitutionally valid at the time of its enactment, it has acquired unconstitutionality by the efflux of time because the provision has not been effective enough to redress the problem for which it was adopted. He noted that Section 6A by not setting any temporal limit to its applicability promotes further immigration of illegal migrants into Assam and is thus liable to be struck down. The verdict will have a significant bearing on Assam's contentious NRC exercise i.e. the National Register of Citizens. The dates set by Section 6A of the Citizenship Act formed the basis on which the final NRC in Assam of 2019 was prepared. Although the NRC has been in limbo for the past five years, the Supreme Court’s ruling upholds the basis on which it was prepared. You can subscribe to our channel here: https://bit.ly/3c8Adi6 Visit https://www.thehindu.com/ for the latest updates, analysis, opinions, and more. You can also download our apps: Android: https://bit.ly/3nboBEi iOs: https://apple.co/3EDCwt4 The Hindu is committed to keeping you up-to-date with information on the developments in India and the world. We promise to deliver quality journalism that stays away from vested interest and political propaganda. You can support us by subscribing to our digital offerings here: https://bit.ly/3emywiz Follow us: Twitter:   / the_hindu   Instagram:   / the_hindu