Ashesh, Ashna and Thiruvengadam, Arun K.
(2017)
Report on citizenship law : India.
Technical Report.
Global Citizenship Observatory (GLOBALCIT).
Abstract
The text of the Constitution of India, 1950 recognizes the importance of issues of citizenship
by according a privileged space to them in the founding document. Part II of the Constitution
of India is titled ‘Citizenship’ and its six provisions precede the important provisions relating
to Fundamental Rights that are housed in the next part. During the drafting process, which
lasted from 1946-49, a considerable amount of discussion and energy were devoted to the
concept of citizenship that would be enshrined within the constitutional text. The final text of
the provisions relating to citizenship was decided after several rounds of revisions to drafts
prepared by successive preparatory committees over a period extending to two years.
Nevertheless, rights to citizenship in India are not ‘Fundamental Rights’, even as they remain
constitutionally bestowed and recognized. This, as we shall see, has affected how much
importance has been accorded to them relative to the fundamental rights including those
relating to speech, assembly, personal liberty, etc.
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