AASU demands cut-off year to be 1971 not 1951, Supreme Court hears plea challenging its validity

Assam Sanmilita Mahasangha (ASM), which is an umbrella organisation of several indigenous ethnic organisations said that the Assam Accord cannot be the final citizens’ registry and will have to follow 1951 as the cut-off year along with the rest of India.

Further challenging the constitutional validity of March 25, 1971, as the base year for identifying foreigners, the ASM submitted a plea to the Apex court of India.

Meanwhile, the matter has been heard on November 1, 2022, by a bench of the Supreme Court, headed by the Chief Justice of India Uday Umesh Lalit, however, as the matter could not be heard at length, the top court has scheduled the hearing to December 13, 2022, in which all 13 concerns raised by the ASM would be heard and answered.

All Assam Students' Union (AASU) president Dipanka Kumar Nath speaking to India Today NE said, "Challenging the Assam Accord, a plea which was made by the ASM to the Supreme Court has been heard today, however, an alternative date has been given".

Further, the Students' president remarked that earlier the plea was heard by a two-judge Bench and later has been transferred to a Constitution Bench for further discussion.

Earlier, during the processing of the Constitution Bench, the nation had to go thru the COVID-19 wave, however, one hearing was done and was given a later date which is October 31, 2022.

"Today a bench headed by 5-judges heard the matter and as AASU being the signatory body of the Assam Accord, we stand by it and are ready with all the answers to the 13 concerns in question which have been sent to the bench", Dipankar Kumar Nath added.

Notably, all the concerns were not addressed on the given date as the next hearing has been scheduled for December 13, 2022, and everything will be discussed in a broader manner.

As per the Assam Accord, foreigners who came to Assam on or after March 25, 1971, shall continue to be detected and will have to leave the state as per the accord.

While on the other hand, in India as of 19th July 1948, the date fixed for detecting foreigners should also be taken into consideration and Assam also while detecting foreigners, not 1971, stated the plea of Assam Sanmilita Mahasangha.

As per the Assam Sanmilita Mahasangha the way foreigners will be detected in entire India and the same way should to taken for Assam also, however, AASU claimed that the Assam Accord was signed after a long Assam Movement and the partition India-Bangladesh came into the picture in 1971, hence the student's body is standing at per with 1971 cut-off.

Notably, the plea has gone for a hearing in which the citizens have already been citizens for the last 37 years after signing the Assam Accord, however, AASU remarked that this should have been raised 37 years ago not now.

Between 1948 and 1971, there were large-scale migrations from East Pakistan to Assam. 

As is well known, West Pakistan commenced hostilities against East Pakistan on 25th March 1971 culminating in the war which dismembered the two parts of Pakistan and in which a new nation, Bangladesh, was born. 

It is interesting to note that immediately after the successful culmination of the war in Bangladesh, on 19th March 1972, a treaty for friendship, cooperation and peace was signed between India and Bangladesh.