🔺A five-judge bench led by the Chief justice upheld the constitutional validity of Section 6 A of Citizenship act ,1955 . The Court’s decision determined the status of immigrants in Assam as well as the extent of Parliament’s power to make citizenship laws.
📌Section 6A of the Citizenship Act, 1955 was the culmination of decades of turbulent history in the state concerning immigration and citizenship. This provision grants citizenship to immigrants who entered Assam from Bangladesh before 24 March 1971.
📌The question in the case is whether Section 6A singles out Assam by providing a specific cut-off date for citizenship.
📌The lead petitioner, All Assam Students Union argued that the provision has facilitated mass immigration from Bangladesh and deprived indigenous Assamese of job opportunities and resources.
📌The Union, on its part, contended that Section 6A is valid as Article 11 of the Constitution of India allows Parliament to frame laws pertaining to citizenship.
📌Advocate Shadan Farasat appearing for the Social Justice Forum also contended that “cultural exclusivity” was not a justification enough to strike down the provision.
What is Constitution Bench ?
✅Article 145 (3) The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution
✅They are temporary benches which gets dissolved once a legal question or issue referred to them is resolved.
✅CJI has the power to constitute the constitution bench and refer the issues or cases to it.
