Browsing by Subject "Citizenship"

Now showing 1 - 7 of 7

Open Access
Citizenship reflecting on the shifts and fluidity
(Adhyyan Books, 2021-09) Chakraborty, Ranjita; Muhindro, L.
Open Access
The Concept of “People” in “We the People of India…” Reality and Transformation
(University of North Bengal, 2020-03) Chakraborty, Gangotri
This article shows that the concept of “people” in the Preamble of the Constitution of India is vague and confused and victim of severe politicking. Such “people” cannot be the “sovereign” that gave themselves the Constitution. The concept of “people” in the Constitution has an overlap with the “citizenship” that often used interchangeably and nationalism. In the post-independence era the concept of “people” has become more elusive and there is a need to take stock of the situation resulting from right wing majoritarian politics.
Open Access
Concept of Citizenship in India: A Constitutional Evolution
(Bharti Publications, 2021) Dey Sarkar, Soma; Bhange, C. B.; Kumar, Ajay; Kumar, Arbind
Open Access
Illegal Migration and Issues of Citizenship in India: A Critical Review
(University of North Bengal, 2021-09) Biswas, Diganta
The citizenship is a subject of entry 17 of Union List of Seventh Schedule of the Constitution and the Govt. of India has amended the Citizenship Act, 1955 in a number of occasions to address the issue relaxing the norms. Migrating population from one country to another is a global problem. Not only India but some developed countries like United Kingdom, the United States of America and Canada are facing the heat of migration particularly from Asian countries. In India, the situation is really grim. Ever since the birth of Bangladesh in 1971, there has been continuous influx of Bangladeshis into India from our Eastern Border while More than 80,000 refugees from West Pakistan, largely Hindus, have been living in Kashmir since Independence without citizenship rights. This paper aims to study the different issues in connection with illegal immigration and scope of citizenship.
Open Access
Interrogating the Citizenship Question in India: Debating Article 35A and Article 370
(University of North Bengal, 2016) Chakraborty, Ranjita
Debating on citizenship ---not just meaning the right to carry a specific passport but encapsulating the relationship between the individual, state and society has become a major point of discussions both within the domain of academia as well as outside. Throughout the history, the concept has been defined variously and there exists no fixed definition.The paper would concentrate on the debate by focusing on citizenship provisions in the Constitution of India with particular focus on Article 35A and Art.370 of the Constitution of India and critically look into the positions taken by the Government of India and the political party leaders in Jammu and Kashmir. The provisions have been debated upon centering on the issue of violation of the Constitution of India and the fundamental rights as promised to the citizens of India by the supreme law of the land. As history is dynamic it is essential to engage in a constructive dialogue so that inclusive citizenship can be realized. The paper would delineate the major arguments in the debate and try to propose some guiding premises along the lines of which a revision could be worked out whereby particularities are protected but the universality of citizenship is also promoted.
Open Access
Law on Acquisition of Indian Citizenship - A Godsend Avenue or Quagmire for Refugees and Migrant Population in North East India
(University of North Bengal, 2023-03) Rajkhowa, Sriparna
Citizenship is associated with certain prized rights on those conferred with on those legally qualified through the process of acquisition. This is all the more so in respect to refugees and stateless persons. Despite India lacking in an effective legal regime on refugees and stateless persons, such persons have been able to obtain citizenship. The author addresses the issue of citizenship in a holistic manner both from a theoretical perspective and implementation of the law through the application of the domestic legal regime which has been subjected to amendment from time to time. The issue is being addressed in the context of domestic and international imperatives also explores the pragmatic aspects and weaponisation indulged in. The principle of jus soli and gradual acceptance of the jus sanguinis being invoked has facilitated the process, befitting a section of the refugee population across the country and the North Eastern states in particular. In addressing the issue, apprehensions and regional compulsions shredded with historical factors have also been taken into account in the context of influx and delicate balance prompting concerns and contestations on the issue. These and other relevant and related concerns having the propensity to counter balance the fragile sociocultural factors have also been addressed.
Open Access
Traversing the Pathways of Citizenship: A Voyage of Contemporary Legal Regime of India
(University of North Bengal, 2021-03) Nagarale, Sonia B.
Citizenship being an indivisible integral of any democratic set warrants a holistic and comprehensive approach. India being a largest democracy of the world has adopted accommodative approach towards its citizenship. Moreover, the constitutional protection conferred upon the citizens and non-citizens have concretized the polity of India. On the backdrop of this, citizenship has been clearly discussed under the constitutional mandate. India as a nation has its citizenship underpinnings traced through prolonged British rule. Since the modern India has been largely unified due to British rule, the constituent assembly while making of the Constitution of India has laboriously deliberated upon nuances of citizenship of India. At the same time, international perspectives on citizenships have also enabled the India to cope up with changing geo-politico-economic scenario of the world. By virtue of constitutional mandate, India has been committed to draw policies having consonance with international legal regime; nevertheless, state sovereignty and the battle of government and public interest has generated a radical wave of discontent towards latest legal development in India pertaining citizenship. Present article takes a cross-section of historical development of citizenship law in India. It also assesses the constitutional mandate and various legal nuances on the touchstone of international legal forefront. On this backdrop present article also analyses the latest development of citizenship law of India, and lately amended bills on the citizenship. The contemporary socio-politico discourse on citizenship laws and National Citizenship Register has also been addressed hereunder. Ultimately, the article encapsulates contemporary development of citizenship regime of India while drawing critical appraisal of public opinion. The governmental as well as social measures having consonance with latest citizenship amendments in India have also been examined on the yardstick of judicial and juristic touchstone. To that effect, article highlights an emerging issue belonging to the India’s Constitution and governance.