Supreme Court to monitor action against illegal immigrants in Assam

The Supreme Court upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which grants Indian citizenship to immigrants from Bangladesh who entered Assam before March 25, 1971. The decision came from a five-judge Constitution Bench, led by Chief Justice of India DY Chandrachud, along with Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra. While the majority supported the provision, Justice Pardiwala expressed dissent.

The judgment criticized the lack of effective measures to curb illegal immigration after 1971, pointing out that the original intent of Section 6A—to prevent post-1971 illegal entries—has not been fully realized. The ruling noted that mechanisms for controlling and monitoring immigration have fallen short, despite legal frameworks in place.

During the hearing, the Court instructed the Union Government to present data on illegal immigration from Bangladesh to Assam and the Northeastern states after 1971. However, the government acknowledged the challenge in providing accurate numbers, citing the covert nature of such movements. The judgment highlighted the ongoing issue, with approximately 97,714 cases pending before the Foreigners Tribunals and nearly 850 kilometers of the border still unfenced or inadequately secured.

In response to these findings, the Court emphasized the urgent need for stronger enforcement of existing laws to detect and deport illegal immigrants, advocating for more comprehensive border security measures to address the persistent challenge of unauthorized migration.

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