Will first decide on validity of Citizenship Act's Section 6A, says SC

Section 6A deals with 'special provisions as to the citizenship of persons covered by the Assam Accord'

The Supreme Court’s five-judge Constitution Bench led by Chief Justice of India (CJI) D Y Chandrachud on Monday heard a batch of petitions regarding Sections of the Citizenship Act.

The Bench also comprises Justices M R Shah, Krishna Murari, Hima Kohli, and P S Narasimha.

Solicitor General Tushar Mehta told the court that they have formulated the matters in three categories.

“The first concern is Section 6A of the Citizenship Act. The second is the National Register of Citizens issue where its rules are challenged. The third is the foreigners tribunal issue. If the issue of Section 6A can be taken up first, the rest can be decided later,” the SG said.

The pleas challenge the constitutional validity of Section 6A of the Citizenship Act inserted by way of an amendment in 1985 in furtherance of the Assam Accord.

The CJI said many of the issues are shades of the same question.

“We will not stop anyone from arguing points on the statutory violation, being ultra vires of the Constitution. Please decide what you want to argue amongst yourselves so that there is no overlap,” he said.

The petitioners will first present their arguments, then the government, and lastly, the other respondents.

The court, to prepare a common compilation of documents, precedents, and legislations, appointed Diksha Rai and Manish Goswami as nodal counsels.

The matter will now be heard on February 14.