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In the case of illegal migration into Assam where complications arise about the Constitutionality of Section 6A of the Citizenship Act and also in deciding whether there is a rational basis for having a separate cut-off date for regularizing illegal migrants, the counsel for petitioners Assam Sanmilita Mahasangha submitted the compilation running into 10 volumes.


The Supreme Court bench of Justices Madan B Lokur, R K Agrawal, Prafulla C Pant, DY Chandrachud and Ashok Bhushan will also have to decide whether an influx of illegal migrants into a state of India constitutes “external aggression” and/or “internal disturbance.”

Considering the seriousness of the matter, a constitution bench was constituted at the direction of Chief Justice JS Khehar. This is to be heard during the summer vacation so as to decide the dates for hearing of the matter.


On that day, it was directed that all the parties will file their written submissions before May 1 and circulate them among each other. The court understands that the hearings may go on for a considerable period of time.

On May 8, Court asked all the parties involved as to how much time do the need to finish their arguments. The Solicitor General suggested that the matter may be taken up in July as it won’t be possible to wrap it up if the arguments start on May 11, and considering the grave issue involved in this matter it is preferable to have some continuity during the arguments.

He further said that he believes he is speaking on behalf of all the counsels involved and it would be desirable if the matter is not listed during vacations.

To be listed for final arguments in the second week of July.

—India Legal Bureau

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