A.3.1 Due process protections 52 SECTION I.A.3.1 Any state action which deprives an individual of their citizenship is subject to certain standards of scrutiny. These standards have been laid out in various international human rights law instruments and complimented with domestic jurisprudence. The real effects of deprivation of nationality upon an individual must be weighed against the state’s intention behind the action. If the state deprives someone of nationality, it must follow a fair and clear process, allowing the concerned persons to defend themselves against the state’s actions. Thus, procedural safeguards are non-derogable in any process leading to deprivation of nationality. Article 10 of the UDHR and Article 14 of the ICCPR, which guarantee equality before law and the right to a fair trial, lay down the principles of natural justice that must undergird all legal procedures that impact individuals’ fundamental rights. While Article 14 refers to due process in the context of criminal trials, the severity and irreversibility of citizenship deprivation necessitate that the same due process obligations apply to any state action relating to deprivation of nationality.41 Therefore, individuals must receive notice of the charges against them and the intent to deprive nationality in a language that they can understand; they must have enough time to seek legal counsel of their choice and prepare materials in their defence; and they must have the right to remain in the country and participate in their legal proceedings, inclusive of all avenues of appeal. The hearings must take place before a ‘competent, independent, and impartial tribunal established by law’.42 The Indian Constitution also contains provisions which guarantee due process. Article 14 guarantees equality before the law, while Article 21 secures the right to life and liberty for all persons, which includes procedural due 41 UN Human Rights Committee, ‘General Comment No. 32: Article 14: Right to equality before courts and tribunals and to a fair trial’ (2007) UN Doc CCPR/C/GC/32, para 15. 42 International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171 (ICCPR) art 14(1). SECURING CITIZENSHIP