Arbitrariness, Subordination and Unequal Citizenship

Ahmed, Farrah

doi:10.2139/ssrn.3515056

Cited by 3 publications

(4 citation statements)

References 9 publications

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“…This assertion is significantly strengthened because the protection of Article 14 is not only reserved for Indian citizens but is also extended to non-citizens. 66 According to the interviews with one of the legal luminaries, the defenses of intelligible differentia and reasonable nexus cannot be applied in the present case as the object the Act seeks to achieve discriminatorily.…”

Section: Citizenship Amendment Act 2019 and The National Register Of ...mentioning

confidence: 91%

Revisiting India’s Amended Citizenship Act 2019 in Light of Constitutional Ethos

Jain

Srivastava

Tiwary

2022

eJLH

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The Citizenship Amendment Act 2019 and the National Register of Citizens in India are perceived as reflective of a religious classification in grant and continuance of Indian citizenship. The study aimed to discuss the future effects of the amended Citizenship Act 2019 and suggest alternatives to accommodate India's constitutional ethos. A considerable fraction of the Indian citizenry was discorded with this Act because Article 14 of the Indian Constitution prohibits discrimination based on religion, among other grounds. On the other hand, the state's stance asserted that the law aims to protect the persecuted religious minorities from other states. This study dealt with the nuances and intricacies of the problem to explicate viable solutions by an in-depth analysis of the issue in an unprejudiced manner where it used a combined doctrinal and empirical research to assess the perspectives on the policy in the Global South from the Indian experience. The findings reflected that while a majority of the provisions in the Act can be justified based on constitutional parameters, its few provisions are unconstitutional. In summary, even after juxtaposing all the justifications of the Act against the allegations, a considerable portion of the Act remains unconstitutional, and it needs to be revisited based on constitutional parameters.

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Section: Citizenship Amendment Act 2019 and The National Register Of ...mentioning

confidence: 91%

Revisiting India’s Amended Citizenship Act 2019 in Light of Constitutional Ethos

Jain

Srivastava

Tiwary

2022

eJLH

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“…On the contrary, the Supreme Court gave a green signal for updating the NRC. The Court played an active role in the whole process, which led to serious doubts about the Court’s neutrality and independence (Ahmed 2020: 136). The Court stated that the massive influx of ‘illegal migration’ in Assam is a violation of the ‘fundamental right to life and personal liberty’ and that it would be ‘guilty of shirking [their] Constitutional duty’ to ‘protect the lives of our own citizens and their culture’ if the petition was dismissed on the grounds of delay/laches.…”

Section: The Law and Discrimination In The Current Bjp Eramentioning

confidence: 99%

“…In this context, analysing the equality provisions of the Indian Constitution, Ahmed (2020) argues that the CAA ‘is not just unconstitutional, but patently, manifestly and obviously unconstitutional.’ Articulating the test for arbitrariness and anti-subordination, she elucidates that among other reasons for its unconstitutionality, the CAA implicates Article 14 (manifest arbitrariness) and Article 15 (equality protections on protected grounds) of the Indian Constitution. 11…”

Section: The Law and Discrimination In The Current Bjp Eramentioning

confidence: 99%

Denationalisation and discrimination in postcolonial India

Choudhury¹

2022

International Journal of Discrimination and the Law

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With the recent National Register of Citizens updating process in Assam (a northeastern state in India) and the Citizenship Amendment Act (CAA 2019), there have been significant changes to India’s citizenship laws and policies. This may create one of the world’s largest stateless populations in modern times. These changes manifest the government’s othering process of creating binaries of belonging and non-belongingness between the majority Hindus and minorities (especially followers of the Islamic faith). In this article, taking these recent changes to citizenship as a case study, I discuss how India’s colonial past, the experience of partition, and the henceforth nation-building contributed to perceiving the ‘citizen’ primarily along Hindu majoritarian lines. I argue that the nation-building process in India was based on retaining and simultaneously re-establishing the ‘others’, thereby reinforcing colonial legacies in the structure and functioning of the postcolonial state. Consequently, this article deals with two questions, first, how the adoption of discriminatory citizenship laws and the risk of statelessness in India is rooted in its complex history, the impact of British colonial expansion and the postcolonial realities and second, what role ‘law’ has played in the process.

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“…12.In her legal and normative critique of the CAA, Farrah Ahmed describes it as ‘giving effect to a narrative in which Indian Muslims may have all or many of the legal benefits of citizenship, but are only citizens in an attenuated and marginal sense; the paradigm or central case of a citizen is not Muslim. Against this familiar narrative, the Act is recognizable as a subordinating speech act’ (Ahmed, 2020, p. 16).…”

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confidence: 99%

Reinventing the Republic: Faith and Citizenship in India

Jayal¹

2022

Studies in Indian Politics

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In India, a new legal regime and political ecosystem has been enacted for India’s Muslim minority that effectively undermines the constitutional commitment to secularism. This article examines the legal, political, social, moral, and international implications of an assemblage of law and policy—namely, the Citizenship Amendment Act 2019, as well as two other initiatives, the National Register of Citizens and the National Population Register—that cumulatively animates an ambitious project to reinvent the nature of the Indian republic, from a pluralist, multi-ethnic and multi-religious civic community to a political community marked by ethno-religious majoritarianism.

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Arbitrariness, Subordination and Unequal Citizenship

Cited by 3 publications

References 9 publications

Revisiting India’s Amended Citizenship Act 2019 in Light of Constitutional Ethos

Revisiting India’s Amended Citizenship Act 2019 in Light of Constitutional Ethos

Denationalisation and discrimination in postcolonial India

Reinventing the Republic: Faith and Citizenship in India

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