In a landmark ruling, the Indian Supreme Court has declared Section 6A of the Citizenship Act of 1955 to be unconstitutional. Justice J.B. Pardiwala, in his dissenting opinion, stated that the open-ended nature of the section has led to increased abuse and misuse, as immigrants are now able to use forged documents to falsely claim eligibility. The judge further emphasized that the lack of a temporal limit on the section's application only adds to its counter-productivity. As a result, Justice Pardiwala has declared that the section should be declared invalid with prospective effect.
Supreme Court Invalidates Section 6A of Citizenship Act
Background
Section 6A of the Citizenship Act of 1955 allowed illegal immigrants who had been residing in India for over 10 years as of December 3, 2014, to apply for citizenship by naturalization. This provision was aimed at providing a pathway to citizenship for undocumented immigrants who had established roots in India.
Landmark Ruling
In a landmark ruling on November 4, 2022, the Indian Supreme Court declared Section 6A of the Citizenship Act unconstitutional. Justice J.B. Pardiwala, in his dissenting opinion, stated the following key reasons for the decision:
Justice Pardiwala's Dissent
Justice Pardiwala dissented from the majority opinion, arguing that Section 6A should not be declared unconstitutional but instead be interpreted more narrowly to prevent abuse. He suggested that a time limit be imposed on the application of the section to ensure that only those who had resided in India for a significant period of time would be eligible for citizenship.
Implications
The invalidation of Section 6A has significant implications for illegal immigrants residing in India. It means that these individuals will no longer be able to apply for citizenship through this provision. The government may need to explore alternative pathways to citizenship for undocumented immigrants who have been residing in India for extended periods.
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