Department of Law
Permanent URI for this communityhttps://ir.nbu.ac.in/handle/123456789/2864
The Institution was established as University Law College and was housed in the building of Arts. In the year 2000, it was upgraded to the status of a Department of University of North Bengal with a separate, distinct and prestigious location.
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Item 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, SriparnaCitizenship 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.Item Open Access Illegal Migration and Issues of Citizenship in India: A Critical Review(University of North Bengal, 2021-09) Biswas, DigantaThe 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.Item 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.Item Open Access The Concept of “People” in “We the People of India…” Reality and Transformation(University of North Bengal, 2020-03) Chakraborty, GangotriThis 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.