166 SOCIO-LEGAL REVIEW VOL. 17 India’s Constituent Assembly saw a similar sentiment being voiced by Ajit Prasad Jain, who said that “citizenship is the bedrock of our constitution”.51 In his view, citizenship was crucial for Indians because accessing rights, specifically constitutional rights, was contingent on citizenship.52 Thus, India has seen its own discussions of citizenship as the right to have rights.53 Arendt prophesied that the right to have rights would come true for minorities in Europe. Although minorities were grudgingly given citizenship, the host countries’ resentment of such minorities eventually won over. As a result, these countries stripped minorities of citizenship and exterminated them.54 For Arendt, the resentment, and violent extermination of minorities in Europe was merely a logical extension of creating states based on ethnonationalism.55 Most infamously, Arendt’s nightmare played out in Nazi Germany, which defined who a “true German” was based on ethnicity.56 Jews and other ethnicities who failed the test of being “true Germans” were denationalised, sent to concentration camps and massacred. Thus, the construction of ethnic “outsiders” aided Nazi Germany’s Final Solution57 to exterminate ethnic outsiders.58 Race sciences, especially racial citizenships, fell into disuse in the aftermath of the Second World War, which had witnessed the horrors Nazi Germany had inflicted upon its perceived racial inferiors.59 To safeguard against such 51 52 53 54 55 56 57 58 59 American Political Science Review 61; Morton Winston, ‘Hannah Arendt and the Challenge of Modernity: A Phenomenology of Human Rights’ [2009] 31 Human Rights Quarterly 278. Ajit Prasad Jain, Constituent Assembly Debates Volume XI p. 11.162.164 (22 November 1949) <https://www.constitutionofindia.net/constitution_assembly_debates/volume/11/1949-11-22> accessed 28 July 2021; Gautam Bhatia, ‘Citizenship and the Constitution’ in Bhatia and others (n 1). Jain (n 51). Bhatia (n 51). Arendt (n 32); Kesby (n 48). Arendt (n 32). To identify ‘true Germans’, the Nazis employed race sciences, codifying them in the Nuremberg Laws. The Nuremberg Laws dictated that persons of Jewish descent were not ‘true Germans’ and ineligible for German citizenship as in Michael Berenbaum, ‘Nürnberg Laws’ (Britannica, 13 May 2020) <https://www.britannica.com/topic/Nurnberg-Laws> accessed 28 July 2021; “The term “Final Solution of the Jewish Question” was a euphemism used by Nazi Germany’s leaders. It referred to the mass murder of Europe’s Jews. It brought an end to policies aimed at encouraging or forcing Jews to leave the German Reich and other parts of Europe” as in US Holocaust Memorial Museum, ‘Final solution: overview’ <https://encyclopedia.ushmm.org/ content/en/article/final-solution-overview> accessed 28 July 2021. Dan Stone, Histories of the Holocaust (OUP 2010); Peter Hayes and John Roth, The Oxford Handbook of Holocaust Studies (OUP 2011); a United Nations study recognised the connection between statelessness and genocide, persecution and racism as in UN Ad Hoc Committee on Refugees and Stateless Persons ‘A Study of Statelessness’ (1 August 1949) E/1112; E/1112/ Add.1; US Holocaust Memorial Museum, Nazi racial science <https://www.ushmm.org/collections/bibliography/nazi-racial-science> accessed 28 July 2021. Romila Thapar, ‘Citizenship: The Right to be a Citizen’ in Bhatia and others (n 1).

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