The Indian Supreme Court on Thursday ruled Bangladeshis entering the country’s Assam state after 24 March 1971 must be identified as illegal migrants and subsequently deported, as the court upheld a key 1985 citizenship rule.

Under Section 6A of the Citizenship Act, India’s federal government allowed citizenship registration rights – but no voting rights – to Bangladeshis entering the Assam state from 1966 to 24 March 1971, on humanitarian grounds as they were likely fleeing persecution by the then Pakistani military regime.

Allowing citizenship to Bangladeshi migrants coming afterwards would have seriously hurt the cultural identity and demography of Assam, India’s Chief Justice DY Chandrachud said ruling the Section 6A as constitutionally valid.

India’s central government had signed a deal with the then Assam provincial government, to protect the cultural and demographic makeup of the northeast state, and the agreement was later enshrined into a rule under the Citizenship Act.

However, the 24 March 1971 cut-off date for allowing citizenship was applicable only for Assam as it was facing a unique situation.

Other Indian states bordering Bangladesh including West Bengal, Mizoram and Meghalaya also saw influx of Bangladeshi migrants during the 1966-24 March 1971 period, but the situation in Assam was “unique,” the court observed.

Chief Justice Chandrachud said, "The central government could have extended the act to other areas as well, but it did not do so because it was unique to Assam. The number of migrants coming to Assam and their impact on culture etc is higher in Assam [than other states].

"The impact of 40 lakh migrants in Assam is more than that of 57 lakh in West Bengal because the land area in Assam is less than that of West Bengal."

Therefore, the top court asked the central and state governments to effectively implement directions for identification, detection and deportation of Illegal Bangladeshi immigrants entering Assam on or after 25 March 1971.

Justice Surya Kant said the Supreme Court will from now onwards monitor this identification and deportation process.