What is the update on Section 6A of the Citizenship Amendment Act?

The key legal update is the Supreme Court’s ruling of October 17, 2024: by a 4–1 majority, the Court upheld the constitutionality of Section 6A of the Citizenship Act, 1955. The provision concerns migrants who came to Assam from what is now Bangladesh under the Assam Accord. It is separate from the Citizenship Amendment Act (CAA) of 2019.

Section 6A uses March 24, 1971, as its central cut-off date. In broad terms:

• People who came to Assam from the specified territory before January 1, 1966, and met the residency conditions are treated as Indian citizens.
• Those who arrived from January 1, 1966, up to March 24, 1971, may be detected and registered under the provision. They receive citizenship after a ten-year period, during which they are excluded from electoral rolls.
• People who arrived after March 24, 1971, are not covered by Section 6A and are dealt with under other applicable laws.

The majority found that Parliament had the authority to create this framework and that Section 6A was not unconstitutional. Justice J.B. Pardiwala dissented, arguing that the provision should not continue indefinitely without review.

So, the current legal position established by the Court is that Section 6A remains in force. The ruling does not make every migrant eligible for citizenship; the provision’s dates, conditions, and individual detection or registration process still matter. The CAA 2019 provisions are a different legal route, with separate eligibility rules.