2021 STATELESSNESS AND THE CITIZENSHIP AMENDMENT ACT, 2019 171 The first source for consideration is the Indian Constitution.92 The Constituent Assembly drafted constitutional provisions of citizenship, keeping in mind the most pressing issue of the time – the Partition of India at independence.93 To illustrate, Article 5 confers birth based citizenship only to those who were alive at the time of the commencement of the Constitution.94 Similarly, Articles 6 and 7 deal only with migrants moving to or from India on account of Partition.95 The Constituent Assembly also inserted Article 11 to empower the Parliament to make citizenship laws based on India’s needs beyond independence.96 The second source is the primary law on citizenship in India, the Citizenship Act, 1955 (“1955 Act”), enacted by the Parliament in pursuance of Article 11.97 Under the 1955 Act, there are five modes prescribed for acquiring Indian citizenship, namely, by birth,98 by descent,99 through registration,100 by naturalisation,101 and through India incorporating new territory.102 The third and equally crucial source is India’s immigration regime that governs non-citizens. The Foreigners Act, 1946 (“1946 Act”)103 is a colonial era legislation that focuses on the entry and exit of foreigners from India based on the possession of legal documents like passports, visas, entry or exit permits. These documents are obtained under the Passports Act, 1967,104 and the Passports Rules, 1980.105 Alternatively, foreigners can seek temporary or permanent visas from the Indian government under the Long-Term Visa Guidelines (“LTV Guidelines”).106 A long-term visa (“LTV”) is particularly attractive because it opens up avenues to other rights, like obtaining education, identity cards and 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Constitution of India 1950, ch II, arts 5, 6, 7, 8, 9, 10, and11. Jayal (n 23); Jayal (n 27); BR Ambedkar, Constituent Assembly Debates vol IX p 9.115.178 (10 August 1949) <https://www.constitutionofindia.net/constitution_assembly_debates/ volume/9/1949-08-10> accessed 28 July 2021; in this vein, Bhatia claims that in effect, the Constitution tells us “nothing” about citizenship as in Bhatia (n 51). Constitution of India 1950, art 5. Constitution of India 1950, arts 6 and 7. Constitution of India 1950, art 11. Citizenship Act 1955 along with Citizenship Rules 2009. 1955 Act, s 3. 1955 Act, s 4. 1955 Act, s 5. 1955 Act, s 6. 1955 Act, s 7. Foreigners Act 1946. Passports Act 1967. Passports Rules 1980. Ministry of Home Affairs, Guidelines for Long Term Visa <https://www.mha.gov.in/PDF_ Other/AnnexVI_01022018.pdf> accessed 28 July 2021 (“Long-Term Visa Guidelines”).