During today’s hearing, Divan recounted that Section 6A arose from the Assam Accord, a document signed between various protesting student groups and the Rajiv-Gandhi-led Central government in 1985. The same led to the conclusion of a six-year, non-violent agitation against infiltration by allegedly illegal immigrants from Bangladesh into Assam.
Divan contended that Section 6A violates the basic fabric of the Constitution of India and the values of secularism, fraternity and brotherhood contained in the Preamble.
He argued that the provision entailed a subversion of the cultural rights of border States.
“It also violates Articles 14 and 19 of the Constitution. Also, these are political rights with respect to the citizen and there is destruction and undermining of these rights as well. We also assail this on the legislative competence aspect. Cultural rights of the border States cannot be subverted completely. If it do so, then all States will have to bear burden of this as well,” he said.
Source: Barandbench
