Pre-publication draft September 2023
performative aspect is writ large in the cases of Rahima and Dulali. Without formal
revocations, and through complex workings of administrative rules and procedures,
fundamental rights attached to citizenship have been rescinded.
Interpreting precarious citizenship in places like India as irregular citizenship has distinct
theoretical advantages. Irregularization allows us to appreciate how state practices weaken
citizenship transnationally. Much attention has been paid to how states, especially in Europe
and North America, subject immigrants to legal standards that produce insecurity of status. It
has often been implicitly assumed that states adopt such practices in case of non-citizens.
Scholars also sometimes assume that the weakening of status of citizens is frequent only in the
Global South. Irregular citizenship bridges this geographical divide, revealing that states, in
Western or non-Western contexts, weaken the status of citizens through very similar tactics.
As Nyers notes in the context of Canada and the United States, governments irregularized the
citizenship of numerous individuals on grounds of national security and terrorism, in the
background of increasing racialization and exceptionalism.90 India’s case resonates with these
instances, perhaps differing only in scale and quantum.
Irregularization also allows us to appreciate the harm of citizenship policies and their
relationship with legality. States may claim to be addressing background problems of migration
and status verification. But rather than merely enforcing existing rules of citizenship, they
constantly re-create the boundaries between citizens and foreigners through insidious legal
processes. Scholars have recently shown that states strategically ‘manufacture’ statelessness as
‘statecraft’ by implementing neutrally framed and subtle citizenship laws that have
discriminatory impact on groups.91 Irregular citizenship adds another dimension to these
accounts, by further appreciating the precise role that the legal process plays in weakening
citizenship.
Irregularization shows how the problem of precarity is not only about formal loss of status.
Precarious citizenship is rather a condition of insecurity despite the formal persistence of legal
status. While the state defends policies in the language of the law, it shares a paradoxical
relation with the rule of law. Hidden behind the stories of Rahima, Dulali and innumerable
other precarious citizens is the systematic way in which India’s institutions, especially judicial
institutions, have refused to extend standard norms to judge what the legal apparatus is doing
to their citizenship. Despite assertions of the application of traditional legal principles and
safeguards, precarious citizenship is marked by their suspension. This logic leads to
confounding results, for instance, in the case of Rahima, who rather than legally questioning
her disenfranchisement has to bribe officials to be taken to tribunals, even at the risk of being
declared a foreigner.
Conclusion
This chapter has argued that the Indian state has weakened citizenship of its nationals in
profound ways without formally revoking citizenship status. It has irregularized citizenship of
90
91
ibid.
Neha Jain, ‘Manufacturing Statelessness’ (2022) 116(2) AJIL 237. See also Michelle Foster and Jade
Roberts, ‘Manufacturing Foreigners: The Law and Politics of Transforming Citizens into Migrants’ in
Catherine Dauvergne (ed), Research Handbook on the Law and Politics of Migration (Edward Elgar 2021)
218.
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Electronic copy available at: https://ssrn.com/abstract=4111014