Supreme Court to review clause in 2025 Order that contradicts Assam Accord, Pg14

Key Highlights:

• The Supreme Court is reviewing the constitutionality of Clause 3(l)(e) of the Immigration and Foreigners (Exemption) Order 2025.
• The clause allows religious minorities from Afghanistan, Pakistan, and Bangladesh who entered India before December 31, 2024, without valid documents to stay in Assam.
• The Asom Gana Parishad (AGP) filed the plea, arguing the clause violates the Assam Accord.
• The Assam Accord mandates the identification and deportation of foreigners who entered Assam on or after March 25, 1971.

Detailed Insights:

• The Assam Accord aimed to preserve the cultural, social, and linguistic identity of the Assamese people by halting the influx of people from Bangladesh.
• Section 6A of the Citizenship Act, 1955, which was inserted to give effect to the Assam Accord, bars citizenship to immigrants entering Assam after March 25, 1971.
• The AGP argues that Clause 3(l)(e) of the 2025 Order effectively nullifies the cut-off date in the Assam Accord, legalizing illegal immigration after March 1971.
• The petition claims the clause violates Section 6A, which a Constitution Bench of the Supreme Court upheld in October 2024.
• Section 6A is designed to override all other existing laws, but the challenged clause ignores this provision, according to the plea.

Key Concepts Involved:

• Assam Accord: An agreement signed in 1985 to address illegal immigration into Assam from Bangladesh.
• Section 6A: A provision in the Citizenship Act, 1955, that specifically deals with citizenship for people who migrated to Assam.
• Constitution Bench: A bench of the Supreme Court with five or more judges constituted to decide on substantial questions of law.