LIJDLR

IN RE: SECTION 6A OF THE CITIZENSHIP ACT, 1955: PARLIAMENT'S POWER, EQUALITY AND ASSAM'S EXCEPTIONALISM

Aditya Kumar, Research Scholar at NUSRL, Ranchi (India)

The Supreme Court’s judgment in the case In Re: Section 6A of The Citizenship Act, 1955 marks a defining moment in Indian citizenship jurisprudence especially at a time when citizenship as concept is one of the most important topics discussed around the world. The judgment puts to the end the long-standing controversy around the legitimacy of Section 6A of The Citizenship Act, 1955 since 1985. The judgment addresses major question related to parliament’s power under Article 11 of the constitution especially relating to whether any exercise under Article 11 would require altering other provisions of the constitution within part II of the constitution. The judgment further evaluated the scope of Article 14, 29 and 355 in context of parliamentary legislative authority on citizenship laws. This case commentary examines the factual background, constitutional issues, arguments advanced by the parties, and the reasoning adopted by both the majority and the dissent. It critically evaluates the Court’s interpretation of Articles 11, 14, 29(1), and 355, as well as Justice Pardiwala’s dissent questioning the validity of Section 6A. The commentary reinforces Parliament’s legislative discretion in enacting laws on citizenship while accepting that constitutional validity does not mean effective implementation. The commentary reinstates that the decision will definitely shape future debates on citizenship, illegal immigration, federalism, and migration governance on citizenship in contemporary India.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 2724–2735.
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