Aasu terms SC seal on Sec 6A 'historic', ex-NRC coordinator flags data flaw

GUWAHATI: All Assam Students’ Union ( Aasu ), the force behind the six-year-long mass movement against infiltration that led to the Assam Accord of 1985, celebrated Thursday what it termed a “historic” second victory in the fight to save the state’s identity and demography after SC upheld the constitutional validity of the key citizenship clause brought by amendment to implement the tripartite agreement.

Samujjal Bhattacharjya, Aasu’s chief adviser, said the SC ruling on Section 6A of the Citizenship Act “effectively endorses the Assam Accord” as the commitments in the pact hinge on implementation of this clause that was challenged in court. “We wholeheartedly welcome the SC verdict. It has established that the Assam agitation was undertaken for genuine reasons, and all provisions stand legally validated.”

Senior Gauhati HC advocate Bijan Kumar Mahajan said people, irrespective of caste, creed and religion, ought to now acknowledge the sanctity of Section 6A. “Since our student days, we have faced the dilemma of whether 1951 or 1971 is the base year for determining citizenship. The wait is over. It is the beauty of the Indian judiciary that a Constitution bench of the apex court has upheld Section 6A by a 4:1 majority.” Abhijeet Sarma of Assam Public Works, the original petitioner in the case that led SC to order an enumeration exercise to update the NRC in the state, described the validation of Section 6A as “a historic resolution of the controversy”.

He flagged doubts about the authenticity of the data in the updated NRC and the delay in ordering its verification as a hurdle to implementing the Assam Accord despite SC’s order. “What about the future of the Assamese people? Even today, the answer to this question is an authentic NRC. SC’s verdict, in fact, highlights NRC’s relevance.” Retired IAS officer Hitesh Dev Sarma, the former NRC coordinator in Assam, was among those who struck a discordant note about SC upholding Section 6A as constitutionally valid. In a social media post, he termed the judgment “a disheartening development” and “a terrible day for Assam”.

He said the BJP-led state govt not moving SC for a comprehensive review of the NRC may have already paved the way for citizenship to foreigners whose names were included in the updated citizenship rolls based on allegedly faulty credentials. “Chances are the current NRC with lakhs of foreigners’ names will now be declared the final document.”

The core of Section 6A is that immigrants who entered Assam before Jan 1, 1966, will enjoy all rights as citizens, while those who came to the state between Jan 1, 1966, and March 25, 1971, will be subject to checks and compliance with case-specific requirements.