Supreme Court Issues Notice to Centre on AGP’s Challenge to New Citizenship Exemption for Assam

Guwahati: The Supreme Court on Wednesday sought a formal response from the Union government on a petition filed by the Asom Gana Parishad (AGP) that challenges the constitutional validity of a provision allowing persecuted religious minorities from Pakistan, Bangladesh, and Afghanistan to remain in Assam even if they entered India illegally before 31 December 2024.

A Bench headed by Chief Justice of India Sanjiv Khanna (reportedly Justice Surya Kant in some updates) issued notice to the Ministry of Home Affairs on the plea, which contends that Clause 3(1)(e) of the Immigration and Foreigners (Exemption) Order, 2025, directly violates the historic Assam Accord of 1985.

The AGP, represented by senior advocate Jayant Bhushan and advocate Rahul Pratap, argued that the Assam Accord – signed to protect the cultural, linguistic, social, and demographic identity of the Assamese people – had fixed 25 March 1971 as the final cut-off date for detection and deportation of illegal foreigners in Assam. This cut-off was given statutory backing through Section 6A of the Citizenship Act, 1955, which was upheld by a five-judge Constitution Bench in October 2024.

According to the petition, the new 2025 exemption order effectively extends the cut-off date to 31 December 2024 for certain communities, thereby rendering the 1971 cut-off “meaningless” and legalising post-1971 illegal immigration into Assam.

The AGP has termed the move a “direct assault” on the constitutional and legislative safeguards granted to Assam under the Accord and Section 6A.

The party has also challenged Section 33 of the Immigration and Foreigners Act, 2025, under which the Centre issued the controversial exemption order. It alleges that the section grants the Union government “unbridled and arbitrary” powers to permit indefinite stay of illegal immigrants, particularly in Assam, and is discriminatory in nature.

The AGP, one of the original signatories to the Assam Accord, has urged the Supreme Court to strike down both the clause and the enabling section as unconstitutional and in breach of the Citizenship Act, 1955.

The Centre has been asked to file its reply within four weeks. The case is likely to have far-reaching implications for the implementation of the Assam Accord and the delicate demographic balance in the state.

Also Read: IndiGo's Flight Chaos: Why Tickets Are Still On Sale Amid Mass Cancellations and Skyrocketing Fares