Traversing the Pathways of Citizenship: A Voyage of Contemporary Legal Regime of India

Abstract

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.