'Legitimizing Illegal Migration' : All Assam Students Union Moves Supreme Court Challenging Citizenship Amendment Rules 2024

The All Assam Students Union (AASU) has filed a writ petition in the Supreme Court seeking the annulment of the Citizenship Amendment Rules 2024. ASSU asserts that the notification of the Rules on 11.3.2024 stands in stark contradiction to the Assam Accord and S. 6A of the Citizenship Act 1955.AASU argues that these rules legitimize illegal migrants, adversely impacting indigenous culture and violating constitutional provisions. 

As per the petition filed, AASU contends that the Citizenship (Amendment) Rules, 2024, are unconstitutional and violate multiple provisions of the Indian Constitution including Articles 14, 15, 19, 21, 25 and 29 of the Constitution. The petition invokes the civil original writ jurisdiction of the Supreme Court to quash the Impugned Rules.  

Assault on Assam's Identity - AASU Asserts 

The petitioner says that they represent the people of Assam who have faced the consequences of illegal immigration, particularly from Bangladesh. AASU asserts that the rules are a political move undermining the constitutional basis of Indian nationhood and Assamese citizenship.  

The petition argues that the Impugned Rules legitimize the influx of non-Assamese people, especially those from neighbouring Bangladesh. AASU emphasizes the local opposition to an increase in non-Assamese residents and asserts that the rules perpetuate the same. 

" The Impugned Rules are a clear political move to fundamentally assault and redefine the constitutional basis of both Indian nationhood and the citizenship of Assam. The Residents of Assam have opposed an influx of non-Assamese people, especially those who have migrated to the state from neighbouring Bangladesh, and the Impugned Rules are legitimizing the same," stated the petition filed through Ankit Yadav, AoR.

Violation of Assam Accord - Rules Contradict The Cut-Off Date Set In S.6A of Citizenship Act 1955 

AASU claims that the Impugned Rules contravene the sovereign promise made to the people of Assam in the form of the Assam Accord and Section 6A of the Citizenship Act, 1955. The rules allegedly grant citizenship to illegal migrants, contradicting the provisions outlined in the Assam Accord. 

In 1985, the Citizenship (Amendment) Act introduced Section 6A into the Citizenship Act of 1955 as part of the Assam Accord. This section aimed to address the issue of illegal migration in Assam. According to Section 6A, individuals who entered Assam from Bangladesh before March 24, 1971, were to be granted Indian citizenship. However, those entering after March 25, 1971, were supposed to be deported to Bangladesh. 

 The contention of AASU is that these rules legitimize the entry and prolonged stay of individuals deemed as "illegal migrants" under Section 2(1)(b) of the 1955 Act, even if they arrived in India after the specified date of March 25, 1971. 

It was further contended that, " The impugned Rules implementing the 2019 Amendments to the 1955 Act are also in stark contradiction with Section 6A (8) of the 1955 Act, which is a savings clause and provides that, “Save as otherwise expressly provided in this section, the provisions of this section shall have effect notwithstanding anything contained in any other law for the time being in force.” The Impugned Rules are therefore, inconsistent with the provisions of Section 6A(8) of the 1955 Act."  

It may be recalled that a Constitution Bench of the Supreme Court reserved its judgement in the batch of petitions challenging Section 6A of the Citizenship Act 1955 on December 12, 2023.  The bench comprising CJI DY Chandrachud along with Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra heard the matter for four days before reserving the judgement.

Prayers Before The Court

AASU requests the Supreme Court to issue a writ declaring the Citizenship (Amendment) Rules, 2024 as discriminatory, arbitrary, and illegal. Additionally, the petition seeks the setting aside of the Adaptation of Laws (Amendment) Order, 2019, and effective steps for the protection of indigenous people's rights in Assam.

The court is urged to issue directives for the inclusion of the entire state of Assam within the Inner Line Areas under the Bengal Eastern Frontier Regulation, 1873. Furthermore, AASU calls for the implementation of the Assam Accord, focusing on the conservation and preservation of the distinct culture, heritage, and traditions of the indigenous people. 

Background 

The Union Government notified the Citizenship (Amendment) Rules 2024 yesterday (March 11), thus paving the way for enforcement of the controversial Citizenship Amendment Act 2019 (CAA). 

In the said backdrop, several applications / petitions have been filed by various stakeholders to the Supreme Court. 

The Indian Union Muslim League (IUML) on March 12 filed an application seeking stay of the Citizenship Amendment Rules 2024. Political party IUML is the lead petitioner in the batch of writ petitions pending in the Supreme Court challenging the CAA.

IUML filed an interlocutory application in the pending writ petition seeking an immediate stay of the implementation of the CAA. It argued that the normal rule of presumption of constitutionality of a statute will not operate when the legislation is "manifestly arbitrary". The petitioner argued that since the Act has linked citizenship to religion and has introduced a classification solely on the basis of religion, it is "prima facie unconstitutional" and ought to be stayed by the Supreme Court. 

This was followed by another stay application filed by The Democratic Youth Front of India (DYFI). In the application, the DYFI contended that granting citizenship based on the religion of immigrants offends the fundamental principle of secularism. The Citizenship Amendment Act 2019, for the first time ever in the history of India, introduced religion as a condition to grant citizenship to immigrants. 

What is CAA? 

The CAA, which seeks to fast-track the process for getting Indian citizenship for non-Muslim migrants who fled from persecution in Pakistan, Bangladesh, and Afghanistan and entered India before December 31, 2014, was passed by the Parliament in 2019. 

As per the proviso introduced in Section 2(1)(b), migrants belonging to Hindu, Sikh, Buddhist, Parsi, Jain, and Christian religions from Pakistan, Bangladesh, and Afghanistan are eligible for citizenship by naturalization if they can establish their residency in India for five years instead of existing eleven years. 

However, the implementation of the law was put on hold in view of the massive country-wide protests which took place against it. The protests were compounded by the Government's proposal to introduce a National Register of Citizens (NRC) along with the implementation of the CAA. 

Critics of the law object to the religion-based exclusion of refugees from the benefit of CAA, arguing that linking Indian citizenship with religion undermines the country's secular character. Over a hundred writ petitions have been filed in the Supreme Court challenging the law's constitutionality. The Supreme Court, while agreeing to hear the matter, declined to stay the operation of the Act. 

Yesterday, the Union Government notified the rules to implement the CAA and notified the formation of committees at the State/UT level to process the applications under the Citizenship Amendment Act.