Law of Citizenship and Aliens in India PDF Download

Author: Amarendra Nath Sinha
Publisher:
ISBN:
Category : Aliens
Languages : en
Pages : 420

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Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1192

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Author: Anupama Roy
Publisher: Oxford University Press
ISBN: 0199088209
Category : Law
Languages : en
Pages : 329

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Contributing to the ongoing debates on citizenship, this book traces the Citizenship Act of India, 1955 from its inception, through the various amendments in 1986, 2003, and 2005. It includes detailed studies of other significant laws and judgments including the Abducted Persons (Recovery and Rehabilitation) Act (1949), and the Illegal Migrants Determination by Tribunals Act (1983) to show how citizenship unfolded among differentially located individuals, communities, and groups. The book argues that the citizenship laws in India show a steady movement towards the affirmation of citizenship's relationship with blood-ties and descent. The volume identifies amendments in the Citizenship Act as transitions which are framed by major historical choices and decisions. It examines the liminal categories of citizenship produced in the period between the commencement of the Constitution and the enactment of the Citizenship Act, which continue to make citizenship fraught with uncertainties and exclusions. Through a discussion of laws and judgments, the work also brings out the relationship between citizenship and migration in independent India, in particular in the wake of migration from Bangladesh and distress migration because of the breakdown of rural economies.

Author: Bronwen Manby
Publisher: African Minds
ISBN: 1936133296
Category : Law
Languages : en
Pages : 121

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Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.

Author:
Publisher:
ISBN:
Category : Aliens
Languages : en
Pages : 52

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Author: Anupama Roy
Publisher: Oxford University Press, USA
ISBN: 9780199467969
Category : Law
Languages : en
Pages : 218

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Citizenship is identified with an ideal condition of equality of status and belonging, it gets challenged in societies marked by inequalities. This short introduction describes the history of citizenship in India, before moving on to the pluralities and the contemporary landscapes of citizenship. It traces the amendments in the Citizenship Act, 1955 and argues that the legal enframing of the citizen involves a simultaneous production of its other-the non-citizen.

Author: Alice Edwards
Publisher: Cambridge University Press
ISBN: 110703244X
Category : Law
Languages : en
Pages : 325

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This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.

Author: Anupama Roy
Publisher: Oxford University Press
ISBN: 0192675176
Category : Law
Languages : en
Pages : 289

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Successive amendments in the citizenship law in India have spawned distinct regimes of citizenship. The idea of citizenship regimes is crucial for making the argument that law must be seen not simply as bare provisions but also examined for the ideological practices that validate it and lay claims to its enforceability. While citizenship regime in India can be distinguished from one another on the basis on their distinct political and legal rationalities, cumulatively they present a movement from jus soli to jus sanguinis. The movement towards jus sanguinis has been a complex process of entrenchment of exclusionary nationhood under the veneer of liberal citizenship. This work argues that the contemporary landscape of citizenship in India is dominated by the Citizenship Amendment Act (CAA) 2019 and the National Register of Citizens (NRC). The CAA 2019 and the NRC emerged as distinct tendencies from the amendment in the citizenship law in 2003. These tendencies subsequently become conjoined in an ideological alignment to make citizenship dependent on lineage, spelling out ideas of belonging which are tied to descent and blood ties. The NRC has invoked the spectre of 'crisis' in citizenship generated by indiscriminate immigration and the risks presented by 'illegal migrants', to justify an extraordinary regime of citizenship. The CAA provides for the exemption of some migrants from this regime by making religion the criterion of distinguishability. The CAA 2019 and NRC have generated a regime of 'bounded citizenship' based on the assumption that citizenship can be passed on as a legacy of ancestry making it a natural and constitutive identity. The politics of Hindutva serves as an ideological apparatus buttressing the regime and propelling the movement away from the foundational principles of secular-constitutionalism that characterised Indian citizenship in 1949.

Author: T. Alexander Aleinikoff
Publisher: Harvard University Press
ISBN: 0674020154
Category : Law
Languages : en
Pages : 321

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In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.

Author: Nihal Jayawickrama
Publisher: Cambridge University Press
ISBN: 9780521780421
Category : Law
Languages : en
Pages : 1104

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10 The right to life