Jahanvi Agarwal
The Supreme Court has scheduled the final hearing for the challenges to Assam’s National Register of Citizens (NRC) and the constitutional validity of Section 6A of the Citizenship Act to commence on December 5, 2023. Solicitor General Tushar Mehta, representing the Centre, requested a deferment of the hearing, citing the recent conclusion of arguments on the electoral bonds scheme.
The Chief Justice of India, DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, initially expressed reluctance but eventually agreed to the postponement, allowing time for adequate preparation.
During a previous discussion in September, CJI Chandrachud had declined to start the hearing post-Diwali, proposing a commencement on October 17 to allow a preview of the matter. The bench, including Justices Bopanna, Sundresh, Pardiwala, and Manoj Misra, issued procedural directions.
The NRC case challenges the constitutionality of Section 6A, introduced in 1985 as part of the Assam Accord. The provision deals with the citizenship of individuals covered by the accord, permitting those who entered India between January 1, 1966, and March 25, 1971 and have resided in Assam to register as Indian citizens.
Critics argue that this provision is discriminatory and seek a directive for updating the NRC based on the 1951 records rather than electoral rolls before March 24, 1971. The Supreme Court has acknowledged the complexities of the case and granted additional time for the Centre’s preparation.
Case Name: In Re Section 6A of the Citizenship Act