NO doubt Indian citizens, and even persons within jurisdiction, are entitled to crucially important fundamental and human rights. And it may sound strange, but it is true that our Constitution does not expressly guarantee any fundamental right to citizenship, nor has it yet been frontally declared as a basic human right flowing from the basic structure and essential features of the Constitution.
Indian law and practice concerning citizenship have developed, rightly, as a felt necessity of the times of sub-Continental Partition. The constitutional provisions (Articles 5-11 of the Second Part) have been left largely to the bureaucracy (which has declared a vast empire of administrative discretion) and Parliament which may formally amend the Constitution and laws, almost as it pleases.
It has further the power to make and change the citizenship law. For example, the Citizenship (Amendment) Act, 2019, seeks to amend the Citizenship Act, 1955, by providing Indian citizenship to persecuted minorities-Hindu, Sikh, Jain, Buddhist, Parsi and Christianfrom Pakistan, Bangladesh and Afghanistan. Members from these communities who had come to India till December 31, 2014, facing religious persecution in their respective countries, will not be treated as illegal immigrants but be given Indian citizenship.
Denne historien er fra February 7, 2022-utgaven av India Legal.
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Denne historien er fra February 7, 2022-utgaven av India Legal.
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PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
