Pre-publication draft September 2023
Doubtful Citizens: Irregularization and Precarious Citizenship in
Contemporary India
M. Mohsin Alam Bhat, Queen Mary University of London
Forthcoming in Statelessness in India (Foster, Neo & Sperfeldt eds., Cambridge University
Press, 2024)
Abstract
States have increasingly started framing and instrumentalising insidious legal
mechanisms to threaten citizenship status of many persons among vulnerable
national minorities. These practices have created widespread precariousness and
caused severe attrition of citizenship. A prominent example is India’s ‘National
Register of Citizens’ (NRC) that in 2019 left out more than 1.9 million people. The
NRC, in the words of the United Nations special rapporteur on minority issues
Fernand de Varennes, could result in “the biggest exercise in statelessness since the
second world war.” Other processes in the country have already declared more than
120,000 persons as foreigners and disenfranchised more than 350,000 persons on
the suspicion of being foreigners. This paper focuses on the Indian case with the
aim of providing an account of the relationship between state-induced precarious
citizenship and the rule of law. The Indian state has not formally revoked citizenship
of these persons. Nevertheless, as this paper shows, it has not only created arduous
legal processes that weaken citizenship security but also refused to apply normal
constitutional due process norms to citizenship status. The paper draws from the
critical citizenship studies tradition to argue that the nature of this state-created
precarity is best understood as “irregular citizenship”. Irregular citizenship is
marked by ambivalence, uncertainty, and ambiguity of citizenship status. Irregular
citizens do not have transitory or shifting legal identity but are in the condition of
suspended animation. Legal practices of irregularization have a paradoxical
relationship with law, because even when they are sought to be legally justified,
they are constituted by non-application of ordinary legal norms. The paper shows
that mass irregularization of citizenship in India has resulted from a historically
evolving fusion of racialization of stigmatized minority groups, and exceptionalism
led by heightened national security concerns. The Indian state has instrumentalised
citizenship procedures to eventually dispossess citizens of the ordinary legal and
material goods attached to Indian citizenship. It has also legitimized them in the
language of the law, through subtle and insidious tactics that bracket them outside
ordinary legal standards. This process has been supported by courts that have
adopted delay and indecision to sustain practices of irregularization.
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Electronic copy available at: https://ssrn.com/abstract=4111014