Supreme Court Seeks Clarity on Minority Exemption Order and Its Alignment with Assam Accord

SC Flags Possible Conflict Between Centre’s Minority Exemption Order and Assam Accord

The Supreme Court has sought a detailed explanation from the Union government on whether its Immigration and Foreigners (Exemption) Order, 2025 —which grants persecuted minorities from Afghanistan, Pakistan and Bangladesh entry and stay in India until December 31, 2024 —is compatible with the Assam Accord, 1985 . The query came during a hearing on a petition that warns the order may effectively alter Assam’s legally protected migration cut-off.

Petition Challenges the Validity of the Exemption Order

The petition filed by the Asom Gana Parishad (AGP) argues that the exemption extends the permissible entry date for undocumented migrants far beyond what Assam’s constitutional safeguards allow. By enabling eligible minorities to stay without valid travel documents, the petitioners contend, the order bypasses both the Accord and statutory protections under central legislation.

Assam Accord and Statutory Framework

The Assam Accord fixed March 25, 1971 as the deadline for identifying illegal entrants into the state, a date later incorporated into section 6A of the Citizenship Act . AGP argues that any administrative adjustment that indirectly shifts this cut-off for Assam would violate both Parliament’s mandate and constitutional obligations already affirmed by the Supreme Court.

Relevance of 2024 Constitution Bench Verdict

Counsel pointed to the October 2024 Constitution Bench ruling which upheld the validity of section 6A. The present bench, led by the Chief Justice, remarked that the issues raised have significant constitutional implications and require authoritative clarification.

Exam Oriented Facts

• Assam Accord cut-off: March 25, 1971

• Section 6A gives statutory backing to the cut-off

• 2025 exemption order permits entry up to December 31, 2024

• A Constitution Bench upheld section 6A in October 2024

Next Steps Before the Court

The Supreme Court has issued notice to the Union Ministries of Home and External Affairs, as well as the Assam government. The matter will be heard alongside cases challenging the Citizenship Amendment Act, 2020 , and will determine whether the exemption order respects Assam’s unique legal protections.