LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

BIJAY MEHER   08 April 2020

Nrc assam

Is citizenship act 1955 applicable in the state of assam?


Learning

 1 Replies

Priyanka Talwar   17 April 2020

Hello, to answer your question, yes, the Citizenship Act, 1955 is applicable in the State of Assam by virtue of the ammendment made in 1985, which added Section 6A to the Act. 

According to Section 6A, those who came to Assam on or after 1 January, 1966, but before 25th March, 1971 from the specified territory (which includes all territories of Bangladesh at the time of commencement of the Citizenship (Amendment) Act, 1985), and havde been residents of assam since then, must register themselves under Section 18 for citizenship.

Due to the political instability and violence in Assam between 1979 and 1985, the government at the time signed a Memorandum of Settlement, known as the Assam Accord, on 15 August 1985. According to this accord:

  • The foreigners that entered assam between 1951 and 1961 were to be given full citizenship including the right to vote.
  • Any migrants that netered Assam after 1971 were to be deported; and
  • Those who entered between 1961 and 1971 were to be denied voting rights for ten years but would enjoy all other rights of citizenship.

Recently, there have been several petitons filed in the Supreme Court challenging the constitutional validity of Section 6A of the Act. However, no decision/judgement has been passed regarding the same. The Supreme Court has, however, kept a close eye on the NRC process and has been passing the required orders as and when needed.

Hope that answers your question.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register