Supreme Court Seeks Centre’s Reply on Order Linked to Assam Accord

The Supreme Court has asked the Centre to clarify whether its recent order granting persecuted minorities from three neighbouring countries free passage into India until December 31, 2024 is consistent with the Assam Accord of 1985. The query arises from a petition arguing that the order effectively shifts the cut-off date for entry into Assam, potentially conflicting with constitutional and statutory provisions.

Challenge to the 2025 Exemption Order

The petition, filed by the Asom Gana Parishad (AGP), contests the Immigration and Foreigners (Exemption) Order, 2025. The order, issued by the home ministry on September 1, allows specified religious minorities from Afghanistan, Pakistan and Bangladesh to enter and stay in India without valid travel documents if they arrived before the end of 2024. AGP argues that such an extension undermines legal protections established for Assam.

Assam Accord and Statutory Backing

The Assam Accord fixed March 25, 1971 as the final date for detecting and deporting illegal immigrants in the state. This cut-off was later incorporated into law through section 6A of the Citizenship Act. Petitioners contend that any modification to this timeline for Assam would contradict the statutory framework and infringe upon obligations affirmed by the Supreme Court.

Relevance of Previous Constitutional Bench Ruling

A five-judge Constitution Bench upheld section 6A in October 2024. Senior counsel for the petitioners stressed that altering Assam’s cut-off date would run contrary to this ruling and extend legal cover to individuals who entered the state after 1971. The current bench, led by the Chief Justice, acknowledged the constitutional significance of the question raised.

Exam Oriented Facts

• The Assam Accord fixes March 25, 1971 as the cut-off for identifying illegal immigrants.
• Section 6A of the Citizenship Act grants statutory backing to this cut-off date.
• The 2025 exemption order allows entry of specified minorities up to December 31, 2024.
• A Constitution Bench upheld section 6A’s validity in October 2024.

Court’s Directions and Next Steps

The Supreme Court issued notice to the home ministry, external affairs ministry and the Assam government. The matter will be heard alongside existing challenges to the Citizenship Amendment Act, 2020. The Court’s examination will determine whether the exemption order aligns with constitutional guarantees and Assam’s unique legal framework.