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Case Brief: Case: Assam Sanmilita Mahasangha Vs Union of India (UOI)- 2014 judgement

Case Number: Writ Petition (Civil) Nos., 274 of 2009


Party Name: Assam Sanmilita Mahasangha Vs Union of India (UOI)


Judges: Ranjan Gogoi and Rohinton Fali Nariman, JJ.


Issue:

The Mahasangha had challenged section 6A of the Citizenship Act that had been enacted to give effect to the Assam Accord by providing separate rules of citizenship in the state.


Citation: 2015 (I) AD (SC) 466, AIR 2015 SC 783, 2015 (1) MLJ 219, 2014 (14) SCALE 101, 2015 (3) SCC 1, 2015 (1) SCJ 701


Judgement Date: December 17, 2014


Court: Supreme Court


Provision:

Under the provision, in contrast with the other states, the migrants of Indian origin who settled in Assam before March 25, 1971 could qualify either as Indian citizens or for a route to citizenship. In its petition, the Mahasangha argued that the provision violated the right to life of the citizens in the state by encouraging the “massive influx of illegal migrants” from Bangladesh. It also argued that the distinct regime compromised their right to culture as guaranteed by the Constitution.


Judgement:

A bench – consisting of Justice (now Chief Justice) Ranjan Gogoi and Justice R.F. Nariman – recommended that the issue be referred to a larger constitutional bench for final determination. In doing so, the bench raised a serious question on the constitutional validity of section 6A. But in the same order, the bench also decided to commence supervising the NRC update, on a court-determined calendar, based precisely on the requirements under section 6A.

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