N. Kotiswar Singh, J.

1. These two writ petitions in the form of public interest litigations being, PIL No. 34 of 2010 filed by eight individuals and PIL No. 77 of 2010, by six organization associations, all based in the State of Assam, have been filed, claiming the relief for declaring Section 6A of the Citizenship Act, 1955 ultra vires the Constitution of India.

The common foundational basis of the two PILs is that there has been unabated illegal migration to the State of Assam from the erstwhile East Pakistan, present Bangladesh for decades since independence assuming alarming proportions during the seventies, which still continues, which has not only upset the demographic, cultural and political profile of the State of Assam but also amounts to external aggression as well as causing internal disturbance threatening the secure of the nation.

The case of the petitioners may be stated briefly as follows:

(i) Because of historical reasons, even though illegal migration had been taking place from the erstwhile East Pakistan, now Bangladesh since independence, the right of citizenship of the migrants had been restricted to such persons whose either of the parents or any of his grand-parents was born on India as defined in the Government of India Act, 1935 and in the case where such person has so migrated before 19.7.1948, he, has been ordinarily resident in the territory of India, or in the case where such person has so migrated on after 19.7.1948, he has been registered as a citizen of India (Article 6 of the Constitution).

(ii) As illegal migration continued unabated to Assam the Government of India was compelled to enact the immigrants (Expulsion from Assam) Act, 1950 with the specific aim of containing the large scale illegal migration from East Pakistan. However, the said enactment could not produce the desired result.

After the formation of Bangladesh in 1972, though a large number of refugees went back to Bangladesh, equally large number of refugees stayed back in India illegally and the large scale illegal migrations continued so much so that a large number of illegal migrants from East Pakistan/Bangladesh were included in the in the electoral rolls of the districts of Assam which are located near the international border to Bangladesh. Subsequent detection of thousands of Bangladeshi nationals in the electoral rolls more particularly in Mangadoi constitutions created a groundswell of resentment and anger amongst the local populace of Assam which ignited and sustained the long drawn agitation popularly known as 'Assam Agitation' in which the students of Assam took a prominent role, which lasted for about 6 (six) years from 1979 to 1985 culminating in the signing of 'Assam Accord' 1985 which also dealt with the issue of illegal migrants.

(iii) Relevant parts of the Assam Accord relating to detection and deportation of illegal immigrations may be stated as follows:

1. For purposes of detection and deletion of foreigners; 1.1.1966 shall be the base data and year.

2. All persons who came to Assam prior to 1.1.1966, including those amongst them whose names appeared on the electoral rolls used in 1967 elections shall be regularized.

3. Foreigners which came to Assam after 1.1.1966 (inclusive) and up to 24th March, 1971 shall be detected in accordance with the provisions of the Foreigners Act, 1946 and the Foreigners (Tribunals) Order 1964.

4. Names of foreigners so detected will be deleted from the electoral rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective districts in accordance with the provisions of the Registration of Foreigner Act, 1939 and the Registration of Foreigners Rules, 1939.

5. On the expiry of a period of ten years following the date of detection, the names of all such persons which have been deleted from the electorals rolls shall be restored.

6. Foreigners who came to Assam on or after March 25, 1971 shall continue to be detected, deleted and pr