48 SECTION I.A.1 see Section I.A.3 (Chapter I), pg 50 state in their formal legal status alone are clear, as can be seen with the aforementioned situation in Assam. The expanded test ensures that the limitations of Nottebohm do not invalidate the rights vested in individual personhood, which form the basis of an individual’s claim to effective nationality.30 Thus, the right to nationality along with prevention and reduction of statelessness in international law, supplemented with international human rights law, results in a concrete obligation on the state to grant and recognise (as well as not arbitrarily deprive) nationality of individuals with a genuine link to the state. Hence, precarious citizens in Assam have a genuine link to India and are living in their ‘own country’ by the virtue of their long-term residence, family relations, and intentions to remain. They also do not have any such ties to another country, specifically the alleged country of nationality – Bangladesh. The government of Bangladesh has maintained that none of its citizens are in Assam.31 Their right to nationality must be recognised in India and the state cannot arbitrarily deprive them of their nationality [↘]. The nationality of stateless persons residing in India shall also be recognised based on their residence and assimilation in India. It will operationalise their right to nationality as per Nottebohm and expansive account of nationality in international human rights law. 30 Audrey Macklin, ‘Is It Time to Retire Nottebohm?’ (2017) 111 AJIL Unbound 496. 31 ANI, ‘No Relation To Us, Says Bangladesh On Illegal Immigration Amid Assam Row’ (NDTV 1 August 2018) <https://www.ndtv.com/india-news/no-relation-with-us-bangladesh-on-illegal-immigrants-inassam-1893131> accessed 21 July 2020. See also PTI, ‘CAA, NRC ‘internal matters’ of India: Bangladesh PM’ The Economic Times (19 January 2020) <https://economictimes.indiatimes.com/news/politicsand-nation/caa-nrc-internal-matters-of-india-bangladesh-pm/articleshow/73374451.cms> accessed 21 July 2020. SECURING CITIZENSHIP

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