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>.
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