Page No.# 1/9 GAHC010106262010 2025:GAU-AS:3066-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : PIL/34/2010 PARBOTI PRASAD GOSWAMI and 7 ORS S/O LATE AMBIKA PRASAD GOSWAMI, R/O 58, MAHATMA GANDHI ROAD, UZAN BAZAR, GUWAHATI-1. 2: DHIRENDRA NATH CHAKRABORTY S/O LATE DURAGA NATH CHAKRABORTY R/O 78 HOMEOPATHIC COLLEGE ROAD PANJABARI GUWAHATI-37. 3: PROF RETD RAM CHANDRA DEKA S/O LATE MONIRAM DEKA 19 BORTHAKUR CLINIC ROAD KHARGHULI GUWAHATI-4 4: MRS. NILIMA GOSWAMI W/O SHRI P.P. GOSWAMI 58 MAHATMA GANDHI ROAD UZAN BAZAR GUWAHATI-1. 5: MUKKUL CHANDRA BORKATAKY S/O LATE TIRTHESWAR BORKATAKY PADMA-TIRTHANILOY 10 RATNAGIRI PATH BAMUNIMAIDAN GUWAHATI-21. 6: PABITRA KUMAR DAS S/O LATE PADMA RAM KALITA HOUSE NO. 2 5TH BYE LANE NARIKAL BASTI GUJARAT. 7: NRIPEN SHARMA S/O LATE KANTESWAR DEV SHARMA 4 K.K. BHATTA ROAD CHENIKUTHI GUWAHATI- - VERSUS- Page No.# 2/9 1.THE UNION OF INDIA and ORS REP. B Y THE CABINET SECY. TO THE GOVT.OF INDIA, SOUTH BLOCK, NEW DELHI-1 2:THE HOME SECY. TO THE GOVT. OF INDIA SOUTH BLOCK NEW DELHI-1. 3:REGISTRAR GENERAL OF THE CITIZENSHIP REGISTRATION GOVT. OF INDIA INDIA 2A MANSINGH ROAD NEW DELHI-1. 4:THE STATE OF ASSAM REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI-6 5:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM HOME AND POLITICAL B DEPTT. ASSAM SECRETARIAT DISPUR GUWAHATI-6 6:ALL ASSAM STUDENTS UNION REP. BY ITS GENERAL SECY. HAVING ITS OFFICE AT LATASIL M.G. ROAD UZAN BAZAR GHY- 1. 7:ASSAMAR PRAGJYOTISHPURIA KHILANJIA MUSALMAN UNNAYAN PARISHAD HAVING ITS HEAD OFFICE AT NORTH BARPETA P.O.- GOREMARI DIST.- BARPETA ASSAM. REP. BY ITS PRESIDENT ASHAHAK ALI DEWAN S/O- LT. HAJI NAJIR HUSSAIN DEWAN VILL.- KAHIKUCHI P.O.- BHAIRAGURI P.S. and DIST.- BARPETA ASSAM. 8:CITIZEN RIGHTS PRESERVATION COMMITTEE, ASSAM REP. BY ITS SECY. GENERAL SRI SADHAN PURKAYASTHA S/O- JATINDRA NATH PURKAYASTHA R/O- WARD NO. 17 C.R. AVENUE SILCHAR TOWN P.S.- SILCHAR DIST.- CACHAR. 9:ALL ASSAM MINORITIES STUDENTS UNION AAMSU HAVING ITS OFFICE AT HOUSE NO. 2 NILGIRI PATH HATIGAON GUWAHATI DIST.- KAMRUP M ASSAM PIN- 781038 REP. BY THE PRESIDENT NAMELY ABDUR RAHIM AHMED R/O VILL.- GANDHARIPARA P.O.- MESERA P.S. and DIST.- BARPETA ASSAM PIN- 781315. Page No.# 3/9 10:JAMIAT - E - ULEMA - E - HIND REP. BY ITS GENERAL SECY. MD. ABDUR RASHID S/O- LT. HABIB ALI R/O VILL.- BARJAHAGAON P.O.- UDALIBAZAR P.S.- LANKA DIST.- NAGAON. 11:ASOM SANKHYALOGHU SANGRAM PARISHAD ASSP HAVING HEAD OFFICE AT HAMID MARKET PANCHARATNA ROAD NEW MARKET P.O.- BALADHMARI GOALPARA DIST.- GOALPARA ASSAM PIN- 783121 REP. BY THE PRESIDENT NAMELY NOZIR UDDIN AHMED S/O- MD. HAZRAT ALI R/O VILL.- PRIYANAGAR BHALUKDUBI P.O.- BALADMARI DIST.- GOALPARA ASSAM PIN- 783121. 12:KAMALA KHATOON W/O- IMAN ALI R/O VILL.- KHARBALI P.O.- KALGACHIA P.S.- KALGACHIA DIST.- BARPETA ASSAM. 13:AZAD MISSION SOCIETY HAVING ITS HEAD OFFICE AT DIGHALIATI ALITANGANI JURIA DIST.- NAGAON ASSAM REP. BY ITS GENERAL SECY. NAMELY SAMAR ALI S/O- LT. KERAMAT ALI R/O- DIGHALIATI ALITANGANI JURIA DIST.- NAGAON ASSAM Linked Case : PIL/77/2010 1.INDIAN CONFEDERATION OF INDIGENOUS AND TRIBAL PEOPLE NORTH EAST ZONE and 5 ORS REP. BY ITS PRESIDENT SRI JEBRA RAM MUCHAHARY S/O LT. BANA RAM MUCHAHARY RESIDENT OF WARD NO. 1 KABLIBAGAN BIJNI DIST CHIRANG BTC ASSAM HAVING ITS HEAD OFFICE AT BANPHOOL NAGAR NAMGHAR PATH DISPUR GHY-6 2: DIMASA PEOPLE'S COUNCIL DPC REP. BY ITS GENERAL SECY SRI SANMONI KEMPRAI S/O H.K.D. KEMPRAI RESIDENT OF VILL TAKJU PATHER DIST KARBI ANGLONG ASSAM HAVING ITS HEAD OFFICE AT GITANAGAR Page No.# 4/9 BHAGADATTA PATH MOTHER TERESA ROAD GHY-12 3: UNITED PEOPLES FEDERATION OF ASSAM REP. BY ITS VICE PRESIDENT SRI JOHN PHOITHONG S/O LT. APHIR PHOITHONG R/O RAN NAGAR P.O. HAFLONG DIST DIMA HASOA NC HILLS ASSAM HAVING ITS HEAD OFFICE AT NAMGHAR PATH BONPHOOL NAGAR GHY-6 4: SANMILITA JATIYA MONCHA REP. BY ITS WORKING PRESIDENT SRI AMRIT BURAGOHAIN S/O KRISHNA KANTA BURAGOHAIN RESIDENT OF TEOK P.O. AND P.S. TEOK DIST JORHAT HAVING ITS HEAD OFFICE AT SAHITYA SABHA BHAWAN CHOUKIDINGI DIBRUGARH ASSAM 5: REGIONAL HUMAN RIGHTS ORGANISATION TINSUKIA REP. BY ITS SECY.GENERAL SRI RATNESWAR SARMAH S/O LT. DIMBESWAR SARMAH RESIDSENT OF B.P.CHALIHA NAGAR P.O. AND P.S. TINSUKIA DIST TINSUKIA ASSAM HAVING ITS HEAD OFFICE AT TINSUKIA ASSAM 6: UPPER ASSAM MUSLIM WELFARE COUNCIL REP. BY ITS WORKING PRESIDENT SRI MONIRUL ISLAM BORA S/O LT. MUZAFARUL ISLAM BORA RESIDENT OF M.I. BORA ROAD SIVASAGAR HAVING ITS HEAD OFFICE AT M.J. PATH WARD NO. 1 P.O. AND P.S. SIVASAGAR DIST SIVASAGAR ASSAM 7: ALL ASSAM STUDENT UNION REPRESENTED BY ITS GENERAL SECRETARY HAVING ITS OFFICE AT LATASIL M.G. ROAD UZAN BAZAR GHY-1 -VERSUS- 1.THE UNION OF INDIA and ORS REP. BY THE CABINET SECY. TO THE GOVT. OF INDIA SOUTH BLOCK NEW DELHI-1 2:THE HOME SECY.TO THE GOVT. OF INDIA SOUTH BLOCK NEW DELHI-1 3:REGISTRAR GENERAL OF THE CITIZEN REGISTRATION QGOVT. OF INDIA 2A MANSINGH ROAD NEW DELHI-1 Page No.# 5/9 4:THE STATE OF ASSAM REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM ASSAM SACHIVALAYA DISPUR GHY-6 5:THE COMMISSIONER AND SECY TO THE GOVT. OF ASSAM HOME AND POLITICAL B DEPTT ASSAM SACHIVALAYA DISPUR GHY-6 6:JAMIAT -E- ULEMA- E - HIND REPRESENTED BY ITS GENERAL SECRETARY MD. ABDUR RASHID S/O LT. HABIB ALI R/O BARJAHAGAON P.O. UDALI BAZAR P.S. LANKA DIST- NAGAON 7:ALL ASSAM MINORITIES STUDENTS UNION AAMSU HAVING HEAD OFFICE AT HOUSE NO.2 NILGIRI PATH HATIGAON GUWAHATI DIST- KAMRUPM ASSAM PIN-781038 REPRESENTED BY THE PRESIDENT NAMELY ABDUR RAHIM AHMED S/O RAMEZ UDDIN AHMED R/O GANDHARIPARA P.O. MESPARA P.S. BARPETA DIST- BARPETA ASSAM PIN-781315 8:AZAD MISSION SOCIETY HAVING ITS HEAD OFFICE AT DIGHALIATI ALITANGANI JURIA DIST- NAGAON ASSAM REPRESENTED BY ITS GENERAL SECRETARY NAMELY SAMAR ALI S/O LT. KARAMAT ALI R/O DIGHALIATI ALITANGANI JURIA DIST- NAGAON ASSAM 9:ASSAMAR PRAGJYOTISHPURIA KHILANJIA MUSALMAN UNNAYAN PARISHAD HAVING ITS HEAD OFFICE AT NORTH BARPETA P.O. GAREMARI DIST- BARPETA ASSAM REPRESENTED BY ITS PRESIDENT ASHAHAK ALI DEWAN S/O LT. HAJI NAJIR HUSSAIN DEWAN VILL. KAHIKUCHI P.O. BHAIRAGURI P.S. and DIST- BARPETA ASSAM 10:JAMIAT ULEMA I HIND REPRESENTED BY FAZLUL KARIM SECRETARY ASSAM STATE JAMIAT ULEMA ASSAM STATE JAMIAT ULEMA 3. FRIENDS PATH HATIGAON GUWAHATI 11:ASOM SANKHYALOGHU SANGRAM PARISHAD ASSP HAVING HEAD OFFICE AT HAMID MARKET PANCHARATNA ROAD NEW MARKET P.O. BALADHMARI GOALPARA DIST- GOALPARA ASSAM Page No.# 6/9 PIN783121 REPRESENTED BY THE PRESIDENT NAMELY NAZIR UDDIN AHMED S/O MD. HAZRAT ALI R/O PRIYANAGAR BHALUKDUBIP.O. BALADMARI DIST- GOALPARA ASSAM PIN-783121 12:KOBAD ALI S/O IMAN ALI R/O KHARBALI P.O. KALGACHIA P.S. KALGACHIA DIST- BARPETA ASSAM For the Petitioner(s) : Mr. S. Gautam, Advocate on behalf of Mr. K.K. Mahnata, Senior Advocate. For the Respondent(s) : Mr. A.K. Talukdar, Advocate. – BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR 21.03.2025 (Vijay Bishnoi, CJ) In these PIL petitions the constitutional validity of Section 6-A of the Citizenship Act, 1955 is under challenge. Recently, a Constitutional Bench of the Hon’ble Supreme Court In Re : Section 6A of the Citizenship Act 1955, reported in 2024 SC OnLine SC 2880 has upheld the Constitutional validity of Section 6-A of the Citizenship Act, 1955 by majority view. The operative portion of the majority view is reproduced hereunder: “389. We hold that while the statutory scheme of Section 6A is constitutionally valid, there is inadequate enforcement of the same—leading to the possibility of widespread injustice. Further, the intention of Section 6A, i.e., to restrict illegal immigration post- 1971 has also not been given proper effect. Accordingly, we deem it fit to issue following directions: (a) In view of the conclusion drawn in paragraph 387, it is held that Section 6A of the Citizenship Act, 1955 falls within the bounds of the Constitution Page No.# 7/9 and is a valid piece of legislation; (b) As a necessary corollary thereto, (i) immigrants who entered the State of Assam prior to 1966 are deemed citizens; (ii) immigrants who entered between the cut off dates of 01.01.1966 and 25.03.1971 can seek citizenship subject to the eligibility conditions prescribed in Section 6A (3); and (iii) immigrants who entered the State of Assam on or after 25.03.1971 are not entitled to the protection conferred vide Section 6A and consequently, they are declared to be illegal immigrants. Accordingly, Section 6A has become redundant qua those immigrants who have entered the State of Assam on or after 25.03.1971; (c) The directions issued in Sarbananda Sonowal (supra) are required to be given effect to for the purpose of deporting the illegal immigrants falling in the category of direction (b) (iii) above; (d) The provisions of the Immigrants (Expulsion from Assam) Act, 1950 shall also be read into Section 6A and shall be effectively employed for the purpose of identification of illegal immigrants; (e) The statutory machinery and Tribunals tasked with the identification and detection of illegal immigrants or foreigners in Assam are inadequate and not proportionate to the requirement of giving time-bound effect to the legislative object of Section 6A read with the Immigrants (Expulsion from Assam) Act, 1950, the Foreigners Act, 1946, the Foreigners (Tribunals) Order, 1964, the Passport (Entry into India) Act, 1920 and the Passport Act, 1967; and (f) The implementation of immigration and citizenship legislations cannot be left to the mere wish and discretion of the authorities, necessitating constant monitoring by this Court.” The concurring view of one of the Hon’ble Judges is also reproduced hereunder: “517. In view of the discussion above, the following are the conclusions: a. Articles 6 and 7 of the Constitution prescribe a cut-off date for conferring citizenship for migrants from East and West Pakistan at the “commencement of the Constitution”, that is 26 January 1950. Section 6A of the Citizenship Act confers citizenship from 1 January 1966 for those who migrated before that date. Those who migrated between 1 January 1966 and 24 March 1971, are conferred citizenship upon the completion of ten years from the date of detection as a foreigner. Section 6A confers Page No.# 8/9 citizenship from a later date to those who are not covered by Articles 6 and 7 of the Constitution. Thus, Section 6A is not violative of Articles 6 and 7 of the Constitution; b. Section 6A satisfies the two-pronged reasonable classification test: i. The legislative objective of Section 6A was to balance the humanitarian needs of migrants of Indian Origin and the impact of the migration on the economic and cultural needs of Indian States; and ii. The two yardsticks employed in Section 6A, that is migration to Assam and the cut-off date of 24 March 1971 are reasonable. Though other states share a longer border with Bangladesh, the impact of migration in Assam in terms of numbers and resources is greater. Thus, the yardstick of migration to Assam is reasonable. The cut-off date of 25 March 1971 is reasonable because the Pakistani Army launched Operation Search light to curb the Bangladeshi nationalist movement in East Pakistan on 26 March 1971. Migrants before the operation were considered migrants of the Indian partition; and iii) Both the above yardsticks have a rational nexus with the object of Section 6A. c. Undocumented migrants could be registered as citizens under Section 5(1) (a) of the Citizenship Act before it was amended by the Citizenship (Amendment) Act 2003 to exclude ‘illegal immigrants’. Thus, the claim of the petitioner that Section 6A is unconstitutional because instead of preventing migration to Assam, it incentivizes migrants in other states to come to Assam to secure citizenship through Section 6A is erroneous. d. The constitutional validity of a legislation cannot be tested for violation of Article 355. Article 355 was included in the Constitution as a justification for the exercise of emergency powers by the Union over States; e. Section 6A does not violate Article 29(1) of the Constitution. Article 29(1) guarantees the right to take steps to protect the culture, language and script of a section of citizens. The petitioners have been unable to prove that the ability of the Assamese people to take steps to protect their culture is violated by the provisions of Section 6A; f. Section 6A(3) cannot be held unconstitutional on the ground of temporal unreasonableness; and g. Section 6A(2) cannot be held unconstitutional for not prescribing a procedure for registration.” Page No.# 9/9 In view of the fact that the constitutional validity of Section 6-A of the Citizenship Act, 1955 has already been upheld by the Hon’ble Supreme Court, these PIL petitions have become infructuous. Hence, these PIL petitions are dismissed, as infrunctuous. JUDGE CHIEF JUSTICE Comparing Assistant