2021 Statelessness & Citizenship Review 3(1) Union (‘AASU’). 5 The legislative effort by the state came about as a result of widespread protests headed by the AASU demanding protection of the Assamese culture, heritage and linguistic identity. 6 The 1986 amendment gave formal recognition to the 1985 Assam Accord, laid the groundwork for the identification and ‘sifting out the aliens’, and provided for the exceptionalism within the citizenship law. 7 Professor Anupama Roy calls the emergence of the AssameseIndian citizenship as the ‘hyphenated citizenship’ within the ‘universal’ citizenship model of India. 8 While the cut-off date for the rest of the Indian citizens remained 19 July 1948, there were three sets of dates for those in Assam. 9 The people who migrated to India from East Pakistan (now Bangladesh) before 1 January 1966 were granted citizenship at par with the Indians (Category 1). Those who were of Indian origin and moved between 1 January 1966 – 24 March 1971 and had remained in Assam since then were deemed to be disenfranchised for 10 years and then be legitimised in phases (Category 2). 10 Finally, those who migrated after 24 March 1971 were to be declared ‘illegal’ and deported (Category 3). 11 The transitional nature of the citizenship conflict in Assam has seen both violent movements on the ground directed at the Bengali-speaking population as well as recourse to the legal process. The two legislations that were put in place by the Government directly to identify the cross-border immigrants, assimilate and deport them were The Foreigners Act, 1946 and The Illegal Migrants (Determination by Tribunal) Act, 1983 (‘IMDT Act’). 12 While the application of both laws was simultaneous, the former legislation was applied to Category 2 citizens, whereas the latter was applied to Category 3 citizens. 13 The Immigrants (Expulsion from Assam) Act, 1950 further empowered the Central Government to expel the foreigners if their presence was ‘detrimental to the interests of the general public of India’ or to that of Assam. 14 The IMDT Act established tribunals for the identification and expulsion of illegal immigrants from India. 15 However, the Act was declared unconstitutional by the Supreme Court in 2005 on a petition filed by the former AASU president 5 6 7 8 9 10 11 12 13 14 15 Accord between AASU, AAGSP, and the Central Government on the Foreign National Issue, (Assam Accord), All Assam Students’ Union, All Assam Gana Sangram Parishad and Government of India, signed 15 August 1985 (Memorandum of Settlement) (‘Assam Accord’). Namrata Goswami, ‘Illegal Migration in Assam: A Concern for India's National Security’, Manohar Parrikar Institute for Defence Studies and Analyses (Web Page, 4 May 2006) <https://idsa.in/idsastrategiccomments/IllegalMigrationinAssam_NGoswami_040506>; Explained Desk, ‘Explained: What is Clause 6 of Assam Accord’, The Indian Express (online, 11 August 2020) <https://indianexpress.com/article/explained/explained-what-is-clause-6of-assam-accord-6550486/>; Minakshi Bujarbaruah and Rituparna Kaushik Bhattacharya ‘The Time Has Come For India to Recognise Why Assam Protests Against CAA’ The Wire (online, 16 January 2020) <https://thewire.in/rights/assam-anti-caa-protests>. Roy, ‘Ambivalence of Citizenship’ (n 4) 45. ibid 45–46. ibid 46. ibid. ibid. The Foreigners Act 1946 (India) (‘Foreigners Act’); The Illegal Migrants (Determination by Tribunals) Act 1983 (India) (‘IMDT Act’). Roy ‘Ambivalence of Citizenship’ (n 4) 46. The Immigrants (Expulsion from Assam) Act 1950, s 2 (India). IMDT Act (n 12) s 5(1). 260