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The Supreme Court of India has sought a detailed reply from the Union Government on a petition challenging a recent immigration order that has major constitutional, federal, and demographic implications for Assam. The case relates to the Immigration and Foreigners (Exemption) Order, 2025, issued by the Ministry of Home Affairs (MHA). The order allows persecuted religious minorities from Afghanistan, Pakistan, and Bangladesh to stay in India — including Assam — even if they entered the country without valid passports or visas, provided they entered on or before 31 December 2024. The petition has been filed by the Asom Gana Parishad (AGP), a regional political party formed after the historic Assam Movement (1979–85) and a signatory to the Assam Accord, 1985. AGP’s role is crucial as the party claims to protect Assam’s demographic balance, linguistic identity, and cultural heritage. The case is argued by Senior Advocate Jayant Bhushan and Advocate Rahul Pratap. The matter is being heard by a Supreme Court bench headed by Chief Justice of India Justice Surya Kant. Notably, Justice Surya Kant was also part of the five-judge Constitution Bench that upheld Section 6A of the Citizenship Act in October 2024. Laws and provisions under challenge The petition challenges Clause 3(l)(e) of the 2025 Immigration Order. This clause exempts certain religious minorities — Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians — from immigration laws, even if they entered India illegally. Additionally, AGP has challenged Section 33 of the Immigration and Foreigners Act, 2025, which grants the Central Government wide powers to exempt foreigners from immigration laws and allow them to stay in India indefinitely. AGP argues that these powers are unchecked, arbitrary, and unconstitutional. Conflict with Assam Accord and Section 6A The Assam Accord (1985) fixed 25 March 1971 as the final cut-off date for identifying illegal immigrants in Assam. Anyone entering Assam after this date must be detected and deported. This cut-off was legally implemented through Section 6A of the Citizenship Act, 1955, which applies exclusively to Assam. Section 6A classifies immigrants into three categories: Before 1 January 1966: Full citizenship 1 January 1966 – 25 March 1971: Citizenship after 10 years After 25 March 1971: Illegal immigrants, liable for deportation In October 2024, the Supreme Court upheld Section 6A by a 4:1 majority, stating that the problem lies in poor enforcement, not in the law itself. Why the issue is controversial AGP argues that the 2025 order effectively extends the cut-off date to 31 December 2024, making the 1971 cut-off meaningless in Assam. This directly conflicts with Section 6A, which has already been upheld by the Supreme Court. The controversy is further intensified due to Section 6B of the Citizenship Act, introduced through the CAA, 2019, which provides citizenship to persecuted minorities who entered India on or before 31 December 2014 — a date Assam groups strongly oppose. Constitutional issues involved Federalism: Dilution of a Centre–State agreement Separation of powers: Executive order overriding parliamentary law Cultural rights: Protection under Article 29 Rule of law: Legal certainty in immigration policy Current status The Supreme Court has issued notice to the Union Government. The matter will be heard in detail after the Centre files its reply and may be tagged with CAA-related cases. This case is extremely important for UPSC GS-II, GS-IV, Essay papers, and Indian Polity current affairs. 👉 Join Our WhatsApp Channel- https://www.whatsapp.com/channel/0029VaaGAqPCxoAugdgpyH41 For any Query- Call Now: 📞 8988885050 or 8988886060 Email: 📩 info@vajiraoinstitute.com 🌐 Visit: www.vajiraoinstitute.com Registration is Now Open for both online and offline batches in 2025. Hurry up, limited seats. 📌 Follow us on Social Media: Facebook - https://www.facebook.com/vajiraoinstitute/ Twitter - https://x.com/vajiraoandreddy LinkedIn - https://www.linkedin.com/school/vajirao-and-reddy-institute-delhi Pinterest - https://in.pinterest.com/vajiraoandreddyinstitute #AssamAccord #Section6A #SupremeCourt #ImmigrationLaw #CAA #CurrentAffairs #UPSC2026 #IndianPolity #Federalism #CitizenshipAct #AssamIssue #GS2