The Meaning of ‘Life’ under the Indian Constitution parent legislation to the 2003 Rules. In this sense, the NRC process is ultra vires the 1955 Act. Therefore, the NRC updating exercise in Assam should not be considered a just, reasonable and fair procedure but one that is arbitrary and disproportional. This means that the NRC updating exercise has the potential to render persons stateless in violation of the India’s international obligation and art 21 of the Constitution, which should include this international obligation not to render persons stateless within the meaning of ‘life’. In conclusion, the NRC updating exercise poses a serious threat to the ‘life’ of persons within the meaning of the Constitution. VI CONCLUSION This article sought to determine the meaning of ‘life’ under art 21 of the Constitution vis-à-vis the obligation not to render persons stateless. It was concluded that the right to have rights or the right to nationality is essential for a dignified life in a polity and for the enjoyment of human rights. So, art 21 being a repository of human rights, cannot be enjoyed without a nationality. This means that the right to rights under art 21 includes the right to have rights or the right to nationality and there is an obligation on the state not to render persons stateless. This obligation is subject to procedure established by a just, reasonable and fair law, that is, such a law could render persons stateless. In applying these conclusions to the NRC updating exercise, it was found that the exercise itself has the potential to make citizens stateless. The exercise does not pass the test of procedure established by law under art 21. Therefore, the NRC process is in violation of art 21 and is unconstitutional. The NRC updating process has brought into sharp debate aspects of the citizenship laws in India that could be arbitrary and unconstitutional, not just in their application to Assam, but also to the rest of India. The exercise itself has been found to be discriminatory in its application. The ruling party of India’s election manifesto in Assam, contains a promise to correct the NRC list so that genuine citizens will not lose their citizenship. 147 However, without amending the law and without factoring in issues of statelessness, it may be impossible to fulfil such a promise. In dealing with litigation arising from the NRC updating exercise, it remains to be seen how the Supreme Court will address the issue of statelessness that is imminent, in light of past precedents on dignified life laid down by the Court and how the meaning of ‘life’ under art 21 should include an obligation not to render persons stateless. Furthermore, given the proposal of the Government to extend the NRC to the rest of the country, if statelessness is not factored in and if the obligation not to render persons stateless is not respected by the State, such a process could render millions stateless. 147 ‘Assam Assembly Elections — BJP Manifesto Pledges to Release “Corrected” NRC’, The Hindu (online, 23 March 2021) <https://www.thehindu.com/elections/assamassembly/assam-assembly-elections-bjp-pledges-corrected-nrc-avoids-caa-in-pollmanifesto/article34139627.ece>. 207

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