Special provisions as to the citizenship of persons covered by the Assam Accord.
Section 6A of the Citizenship Act incorporates special provisions as to the citizenship of persons covered by the Assam Accord. For the purpose of the present order, we would like to reproduce sub-section (3) to Section 6A of the Citizenship Act which reads as under:
6A. Special provisions as to citizenship of persons covered by the Assam Accord. ―
(3) Subject to the provisions of sub-sections (6) and (7), every person of Indian origin who―
(a) came to Assam on or after the 1st day of January, 1966 but before the 25th day of March, 1971 from the specified territory; and
(b) has, since the date of his entry into Assam, been ordinarily resident in Assam; and
(c) has been detected to be a foreigner, shall register himself in accordance with the rules
made by the Central Government in this behalf under section 18 with such authority (hereafter in this subsection referred to as the registering authority) as may be specified in such rules and if his name is included in any electoral roll for any Assembly or Parliamentary constituency in force on the date of such detection, his
name shall be deleted therefrom.
Explanation.―In the case of every person seeking registration under this sub-section, the opinion of the Tribunal constituted under the Foreigners (Tribunals) Order, 1964 holding such person to be a foreigner, shall be deemed to be sufficient proof of the requirement under clause (c) of this subsection and if any question arises as to whether such person
complies with any other requirement under this subsection, the registering authority shall,―
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(i) if such opinion contains a finding with respect to such other requirement, decide the question in conformity with such finding;
(ii) if such opinion does not contain a finding with respect to such other requirement, refer the question to a Tribunal constituted under the said Order having jurisdiction in accordance with such rules as the Central Government may make in this behalf under
section 18 and decide the question in conformity with the opinion received on such reference.
Articles 5 to 9 of the Constitution delineate and determine persons who are citizens of India on commencement of the Constitution. Article 10 provides for their continuance as citizens subject to the provisions of any law that may be made by the Parliament. Article 11 of the Constitution, expressly confers power on the Parliament to make laws with respect to acquisition and termination of citizenship and all matters relating to citizenship. To achieve and with this objective, the Parliament has enacted the Citizenship Act, 1955 (“the Citizenship Act” for short) which provides for acquisition of citizenship after the commencement of the Constitution by birth, registration, naturalisation and incorporation of territory.
Section 14A of the Citizenship Act states that the Central Government may compulsorily register every citizen of India and issue national identity card to him/her. The Central Government may maintain a National Register of Indian Citizens and can establish a National Registration Authority for this purpose. Procedure to be followed for compulsory registration of citizens shall be such as may be prescribed.
Sub-Section (3) to Section 6A states that subject to the provisions of sub-section (6) and (7), all persons who have come to Assam on or after the 1st day of January, 1966 but before 25th March, 1971 from specified territory and from the date of entry have been ordinary resident of Assam and have been detected to be foreigners shall register themselves with the Registering Authority in accordance with Rules made by the Central
Government. If name of any such person has been included in the electoral rolls of any Assembly or Parliamentary constituency, the same shall be deleted therefrom. Explanation to Section 6A (3) states that the opinion of the Tribunal under the Foreigners
(Tribunal) Order, 1964 (“the 1964 Order” for short) that the person was a foreigner shall be deemed sufficient for the requirement of sub-section (3). The opinion of the Tribunal is also binding with respect to any other requirement of sub-Section (3) to Section 6A
of the Citizenship Act. The Registering Authority is required to refer the matter to the Tribunal constituted under the said Order if the earlier opinion of the Tribunal on other requirements is silent. Thereupon, the question is decided by the Registering Authority in conformity with the opinion received from the Tribunal.
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